AFTAB ALAM vs SECRETARY HOME AND TRIBAL AFFAIRS, GOVERNMENT OF KPK, PESHAWAR S — 2024 PLD 112 PESHAWAR-HIGH-COURT

Case information

Citation: 2024 PLD 112 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2024
Reporter: PLD
Parties: AFTAB ALAM vs SECRETARY HOME AND TRIBAL AFFAIRS, GOVERNMENT OF KPK, PESHAWAR S
Subject matter: Criminal
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

AFTAB ALAM VS SECRETARY HOME AND TRIBAL AFFAIRS, GOVERNMENT OF KPK, PESHAWAR S. 3---Constitution of Pakistan, Art. 199---Constitutional petition---Detention---Judicial review---Petitioners assailed their detention orders passed by authorities---Validity---High Court in exercise of Constitutional jurisdiction was to see whether any material existed before Deputy Commissioner while making orders of detention of petitioners/detenus---Action against petitioners was initiated under West Pakistan Maintenance of Public Order Ordinance, 1960---Orders of detention lacked essential attributes envisaged by S. 3 of West Pakistan Maintenance of Public Order Ordinance, 1960 and the law laid down by the Supreme Court---High Court set aside orders issued by Deputy Commissioners, as the same were not sustainable in the eyes of law and petitioners were released forthwith on furnishing bail bonds---High Court directed the petitioners to submit undertakings they would not involve themselves in any anti-state activities and acts prejudicial to public safety in any manner---High Court directed that the District Administration/ Provincial Government would be at liberty to initiate proceedings and pass appropriate orders under West Pakistan Maintenance of Public Order Ordinance, 1960 against petitioners when it was satisfied that there was sufficient material against any of the petitioner relating to any of their activity prejudicial to public safety or maintenance of public order and their arrest/detention was necessary for maintaining public safety and public order---Constitutional petition was allowed accordingly.

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