Citation Name: 2023 YLR 333 LAHORE-HIGH-COURT-LAHOREBookmark this Case SHAHID RASOOL vs GOVERNMENT OF THE PUNJ

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Citation Name: 2023 YLR 333 LAHORE-HIGH-COURT-LAHOREBookmark this Case SHAHID RASOOL VS GOVERNMENT OF THE PUNJAB through Secretary Home Department, Lahore S. 3---Power to arrest and detain suspected persons---Scope---Order under S. 3 of Punjab Maintenance of Public Order Ordinance, 1960, cannot be based on conjectures and surmises, rather it should be based on concrete and tangible evidence---Grounds on the basis of which detention order of person is issued/ passed, must have the support of sufficient cogent material and only thereafter, it would satisfy the issuance of preventive order---Furthermore, the material/evidence must be of such a nature and character to persuade and satisfy an ordinary prudent person to justify the order of preventive detention---One cannot be deprived of his liberty on the basis of flimsy/shaky and insufficient material/evidence. Citation Name: 2023 YLR 333 LAHORE-HIGH-COURT-LAHOREBookmark this Case SHAHID RASOOL VS GOVERNMENT OF THE PUNJAB through Secretary Home Department, Lahore S. 3---Constitution of Pakistan, Art. 9---Security of person---Power to arrest and detain suspected persons---Scope---Article 9 of the Constitution provides for the security of the person---Under S. 3 of the Punjab Maintenance of Public Order Ordinance, 1960, the authority which is issuing preventive detention order must satisfy itself that material/evidence produced before him is sufficient to justify the detention order, without it, the order would be violative of Art. 9 of the Constitution. Citation Name: 2023 YLR 333 LAHORE-HIGH-COURT-LAHOREBookmark this Case SHAHID RASOOL VS GOVERNMENT OF THE PUNJAB through Secretary Home Department, Lahore S. 3---Power to arrest and detain suspected persons---Scope---Petitioner challenged the detention of his brother ordered by Deputy Commissioner---Validity---Deputy Commissioner had issued the impugned order blindfoldly without having any sufficient and incriminating material against the detenue---Apart from registration of certain criminal cases, the Deputy Commissioner was not in possession of any other concrete and tangible material/evidence in support of his order---Preventive detention order was declared to be illegal, unlawful and issued without application of independent mind, hence, the same was set aside and struck down---Constitutional petition was allowed.

Citation Name: 2023 YLR 333 LAHORE-HIGH-COURT-LAHOREBookmark this Case SHAHID RASOOL vs GOVERNMENT OF THE PUNJAB through Secretary Home Department, Lahore S — 2023 YLR 333 LAHORE-HIGH-COURT-LAHORE

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