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Shah Muhammad Khan vs State S — 2025 PCrLJ 80 PESHAWAR-HIGH-COURT

Case information

Citation
2025 PCrLJ 80 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2025
Reporter
PCRLJ
Parties
Shah Muhammad Khan vs State S
Subject matter
Constitutional
Provisions referred to
S. 3---P

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

Shah Muhammad Khan VS State S.3---Preventive detention--- Scope--- Petitioners were aggrieved of order passed by authorities detaining them to maintain public order---Validity---Law of preventive detention is fluid in nature--- Application of such law aims to curtail liberty of individual without any explicit and actionable criminal charge with a view to protect society from such individual's anticipated illegal or criminal activity---Preventive detention gives wide discretion to executive authority of being 'satisfied' to order preventive detention---There is always an apprehension of use of such detention on the basis of mere suspicion---Respondents failed to satisfy High Court that they passed detention orders as prescribed in law and had failed to show that 'satisfaction' in fact existed--- Detention order was not based on evidence and was conjectural and grounds of detention were vague and indefinite---Detention orders were not issued at all against some petitioners while for other petitioners a list was prepared containing their names but said list was totally silent as to who prepared it let alone providing an iota of evidence to warrant issuance of detention orders against petitioners---High Court set aside the detention orders as the same were not sustainable on facts as well as on law---Constitutional petition was allowed accordingly.

Other judgments reported in 2025 PCRLJ

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