| Case ID |
090111d8-e4bd-4139-964c-c56c4ba44aff |
| Body |
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| Case Number |
Writ Petition No. 436 of 1957 |
| Decision Date |
Dec 10, 1957 |
| Hearing Date |
Nov 11, 1957 |
| Decision |
The Lahore High Court upheld the legality of the detention orders issued under the West Punjab Public Safety Act, 1949, finding that the provisions of Article 7 (4) of the Constitution were complied with. The court emphasized that the law did not require the inclusion of certain provisions for its validity and that the detention could only be challenged if the specific constitutional provisions were not followed in practice. The court dismissed the writ petitions, affirming the detention orders as lawful and without legal defect. |
| Summary |
In the case of Writ Petition No. 436 of 1957, the Lahore High Court addressed the legality of detention orders issued under the West Punjab Public Safety Act, 1949. The case involved Abdul Aziz alias Labha, challenging the orders made by the District Magistrate of Lahore and the Government of West Pakistan. The court noted that the law allows for preventive detention for safeguarding public safety, and the petitioners argued that the detention violated constitutional rights. However, the judges concluded that the provisions of the Constitution were met, particularly Article 7, which ensures the rights of detainees. The court's ruling reinforced the interpretation of preventive detention laws in Pakistan, emphasizing the balance between public safety and individual rights. The decision has implications for future cases involving preventive detention, highlighting the importance of adhering to constitutional requirements. Keywords such as 'preventive detention', 'legal rights', 'Lahore High Court', and 'public safety laws' are relevant for understanding the case and its significance in the legal landscape of Pakistan. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
S. A. Rahman, C.J.,
Shabir Ahmad, J.,
B. Z. Kaikaus, J.
|
| Lawyers |
Sh. Khurshid Ahmad,
S. A. Mahmood
|
| Petitioners |
ABDUL AZIZ alias LABHA
|
| Respondents |
THE DISTRICT MAGISTRATE, Lahore,
THE GOVERNMENT OF WEST PAKISTAN
|
| Citations |
1958 SLD 148,
1958 PLD 104
|
| Other Citations |
Prahalad Jona and others v. State A I R 1950 Orissa 157,
Brahmeshwar Prasad v. State of Bihar A I R 1950 Pat. 265,
Fazal Ahmad Ghazi v. The State P L D 1957 Kar. 190
|
| Laws Involved |
West Punjab Public Safety Act (XVIII of 1949),
Constitution of Pakistan
|
| Sections |
3,
7(4),
7(5)
|