Aziz-ur-Rehman vs State S — 2026 PCrLJ 535 PESHAWAR-HIGH-COURT

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Aziz-ur-Rehman VS State S.3---Constitution of Pakistan, Art. 199---Constitutional petition---Preventive detention---Necessary material---Petitioners were detained by authorities on the plea that they were notorious members of Qabza Mafia and threatened the local community including a sitting Senator---Validity---Record transpired that the Deputy Commissioner had issued the impugned orders under S.3-MPO (Maintenance of Public Order Ordinance) against the petitioners on the request of District Police Officer, Assistant Commissioner and Naib Tehsildar, however, sufficient material had neither been collected nor brought before him against the petitioners nor their cases had been considered prior to the issuance of the impugned orders---As such, the authority issuing the impugned orders under S.3-MPO (Maintenance of Public Order Ordinance) had not exercised its mandate in accordance with law on subject---Impugned orders had been issued in a mechanical manner without application of the judicial and independent mind to cases of the petitioners---Sufficient material had neither been collected nor presented before the Deputy Commissioner and without applying an impartial and judicial mind, the impugned orders had been issued mechanically---Impugned orders were prima facie omnibus in its kind and type and cases of the petitioners had not been individually and specifically discussed nor valid and genuine reasons had been highlighted therein to convince---Moreover, it also appeared that such orders had been issued under S.3-MPO (Maintenance of Public Order Ordinance), whereby, liberty of a person was curtailed and in the petition in hand, some of the petitioners had been restrained and restricted---In such like circumstances, issuance of the impugned orders under S.3-MPO (Maintenance of Public Order Ordinance) did not fulfil the jurisdictional requirements of its issuance under the ibid provision of the law on subject---Petition was allowed, in circumstances.

Aziz-ur-Rehman vs State S — 2026 PCrLJ 535 PESHAWAR-HIGH-COURT

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