KAMRAN KHAN vs GOVERNMENT OF PUNJAB 'a communi observantia non est recedendum'

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

KAMRAN KHAN VS GOVERNMENT OF PUNJAB 'a communi observantia non est recedendum'---Scope---When law requires a thing to be done in a particular manner, it should be done in that manner otherwise same would be deemed as illegal. Citation Name: 2024 MLD 298 LAHORE-HIGH-COURT-LAHORE KAMRAN KHAN VS GOVERNMENT OF PUNJAB S. 3---Power to arrest and detain suspected persons---Detention based on apprehension---Legality---Petitioner sought an order directing the Provincial Government to release his brother---Before passing a detention order of a person under S. 3 of the Punjab Maintenance of Public Order Ordinance, 1960, the competent authority must have reasons to believe that the said person, within its territorial jurisdiction, has acted, is acting, or is about to act in a manner prejudicial to public safety or the maintenance of public order---However, perusal of the available record reveals that allegation against the detenu is general in nature i.e. he was delivering speeches against Government of Pakistan, National Security Agencies and persuading the people to create law and order situation in the district but no solid or cogent evidence/material in order to establish the same was produced before the Deputy Commissioner---Furthermore, no audio/video recording of speech, voice transcript in this regard or exact wording in written form of the same was mentioned in the impugned order as well as reports and parawise comments and even any such like material/evidence was not produced before the court---Perusal of report of District Police Officer does not reflect any material to invoke subsection (1) of S. 3 of the Punjab Maintenance of Public Order Ordinance, 1960 except apprehensions---Apprehensions without any valid reasons and not supported by any cogent material cannot be allowed to be the basis for curtailing the rights, liberty or freedom of any citizen, which is guaranteed by the Constitution---Detenu was ordered to be released and the Constitutional petition was accepted. Citation Name: 2024 MLD 298 LAHORE-HIGH-COURT-LAHORE KAMRAN KHAN VS GOVERNMENT OF PUNJAB S. 3---Constitution of Pakistan, Art. 199---Power to arrest or detain suspected persons---Habeas corpus---Maintainability---Scope---Where the petitioner filed a Constitutional petition seeking release of his brother detained on the strength of an order under S. 3 of the Punjab Maintenance of Public Order Ordinance, 1960, the State objected to the maintainability of the petition due to non-filing of representation by the detenu before the Provincial government---Held; right to file petition of instant nature i.e. habeas corpus is remedy provided by the Constitution in all matters of illegal confinement as one of fundamental rights; it goes without saying that if arrest of a person for the purpose of "Preventive Detention" cannot be justified in the eyes of law, then there is no reason why said person should not invoke jurisdiction of High Court for his immediate release---Objection was turned down.

KAMRAN KHAN vs GOVERNMENT OF PUNJAB 'a communi observantia non est recedendum' — 2024 MLD 298 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported

Other judgments reported in 2024 MLD