UMAR vs GOVERNMENT OF BALOCHISTAN through Secretary Home and Tribal Affairs Department S

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UMAR VS GOVERNMENT OF BALOCHISTAN through Secretary Home and Tribal Affairs Department S. 3(1) [as amended by Balochistan Maintenance of Public Order (Amendment) Ordinance (IX of 2002)]---General Clauses Act (X of 1897), S. 24-A---Preventive detention---Scope and application---Satisfaction of Government---Pre-requisites, absence of---Petitioner assailed order of his detention under S. 3(1) of Balochistan Maintenance of Public Order (Amendment) Ordinance (IX of 2002) (MPO)---Petitioner was detained for adversely affecting the public safety, order and maintenance of law and order---Validity---Section 3 of the MPO empowers the government to detain a person if it is satisfied that such detention is necessary to prevent that person from acting in a manner prejudicial to public safety and maintenance of public order---Law mandates that the authority issuing the detention order must provide clear and cogent reasons for such action, supported by material evidence---Deputy Commissioner must not act arbitrarily or capriciously, rather, the decision must be based upon credible evidence that substantiates the claim of potential harm to public order---In the present case detention order was based merely on surmises and conjectures and detention of the petitioner was neither justified and reasonable nor in accordance with constitutional provisions---Respondent failed to produce a single document or credible evidence to substantiate the claim of potential harm to public order---Detention order failed to articulate the reasons for detention---Authority must provide a reasoned order that reflects the application of mind to the facts of the case and failure to provide reasons for detention had rendered the detention order illegal and void---Order passed by authority was declared to be illegal, unlawful and without lawful authority.

UMAR vs GOVERNMENT OF BALOCHISTAN through Secretary Home and Tribal Affairs Department S — 2025 PLD 87 QUETTA-HIGH-COURT-BALOCHISTAN

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