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IMRAN ABBAS BHATTI vs GOVERNMENT OF PUNJAB art — 2024 CLC 385 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2024 CLC 385 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2024
Reporter
CLC
Parties
IMRAN ABBAS BHATTI vs GOVERNMENT OF PUNJAB art
Subject matter
Family
Provisions referred to
S. 3---C; S. 3; Public Order Ordinance

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

IMRAN ABBAS BHATTI VS GOVERNMENT OF PUNJAB art.199---Constitutional petition---alternate remedy, availability of---Effect---If procedure for obtaining relief through some other proceedings is too cumbersome or relief cannot be obtained without delay and expense, or delay makes grant of relief meaningless, High Court would not hesitate to issue a writ, if party applying for it is found entitled to it, simply because the party could have chosen another course to obtain the relief which is due. Citation Name: 2024 CLC 385 LAHORE-HIGH-COURT-LAHORE IMRAN ABBAS BHATTI VS GOVERNMENT OF PUNJAB S.3---Constitution of Pakistan, Art. 199---Constitutional petition---Preventive detention---Necessary material---Petitioners were detained by authorities on the plea that their conduct was prejudicial to public peace---Validity---For the purpose of passing an order for protective detention there should be sound material showing that individual/detenu was busy in any activity prejudicial to public safety or maintenance of public order, in any of documentary forms like SMS/voice messages, WhatsApp messages, social media accounts, pamphlets/handouts, posters, play cards, photographs, paintings, caricatures, books/literature, newspapers, audio/video CDs, Electronic and digital material, wall chalking, banners/pena flex, recording of demonstrations in rallies, material on Facebook, Twitter or any other social media account, call records, geo-fencing through CDR, speeches in public meetings, Radio and T.V. shows, surveillance report in any form, reports from international agencies, suspicious transaction report from any financial institution, membership record of affiliated association or political party etc.---No such record was brought on record or even referred by authorities against petitioners---Orders assailed were bereft of any supportive material---High Court declared detention orders to have been passed in flagrant violation of S.3 of West Pakistan Maintenance of Public Order Ordinance, 1960---High Court directed the authorities to release petitioners and set aside preventive detentions---Constitutional petition was allowed, in circumstances.

Other judgments reported in 2024 CLC

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