| Case ID |
0986e417-5f25-40ab-9819-9213d5d1d666 |
| Body |
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| Case Number |
Writ Petition No. 3739 of 2019 |
| Decision Date |
Jan 09, 2020 |
| Hearing Date |
Jan 09, 2020 |
| Decision |
The Lahore High Court allowed the petition filed by Husnain Inam, declaring the detention of his father, Mr. Inam-ul-Rahiem, Advocate, as illegal and unlawful. The court emphasized the importance of due process and the legal authority required for any detention, particularly in cases involving individuals previously serving in the military. The court found that the military authorities failed to provide sufficient legal justification for the custody of Mr. Inam-ul-Rahiem, who had retired from the Pakistan Army in 2007 and was engaged in legal practice. The decision underscored the court's role as the custodian of fundamental rights, ensuring that no citizen is deprived of liberty without lawful authority. |
| Summary |
This case revolves around the illegal detention of Mr. Inam-ul-Rahiem, a retired Lieutenant Colonel of the Pakistan Army, who was allegedly abducted by armed personnel. His son, Husnain Inam, filed a writ petition in the Lahore High Court seeking his father's recovery. The court examined the legality of the detention under Article 199 of the Constitution of Pakistan, which allows for habeas corpus petitions. The court ruled that the military authorities did not follow due process and lacked legal authority for the detention, declaring it illegal and ordering his release. This case highlights the balance between national security and individual rights, emphasizing the necessity of adhering to legal frameworks in military detentions. Key legal principles from the Constitution and the Pakistan Army Act were invoked, with the court reinforcing its commitment to uphold fundamental rights. The ruling serves as an essential precedent for future cases involving military detentions and civil liberties. |
| Court |
Lahore High Court
|
| Entities Involved |
Ministry of Defence,
Provincial Police Department,
Law Enforcement Agencies
|
| Judges |
MIRZA VIQAS RAUF, JUSTICE
|
| Lawyers |
Muhammad Wasif Khan,
Sajid Ilyas Bhatti,
Malik Ahtesham Saleem,
Mirza Asif Abbas
|
| Petitioners |
Husnain Inam
|
| Respondents |
FEDERATION OF PAKISTAN THROUGH SECRETARY, MINISTRY OF DEFENCE,
Brigadier Falak Naz,
Khalid Abbas Bhatti
|
| Citations |
2021 SLD 2307,
2021 PLD 296
|
| Other Citations |
Brig. (Retd.) F.B. Ali and another v. The State PLD 1975 SC 506,
Saifuddin Saif v. Federation of Pakistan and 3 others PLD 1977 Lah. 1174,
Syed Muhammad Anwar Shohrat Bokhari v. Federation of Pakistan and 3 others PLD 1981 Lah. 742,
Mushtaq Ahmed and others v. Secretary, Ministry of Defence through Chief of Air and Army Staff and others PLD 2007 SC 405,
Ali Rizwan Raja v. Federation of Pakistan and others PLD 2019 Isl. 273,
Malik Ghulam Jilani v. (1) The Government of West Pakistan, through the Home Secretary, Lahore and (2) The Deputy Commissioner, Lahore PLD 1967 SC 373,
Mrs. Ifrah Murtaza and another v. Government of Pakistan and others PLD 2019 Lah. 565,
Federal Government Ministry of Defence, Rawalpindi v. Lt.-Col. Munir Ahmed Gill 2014 SCMR 1530,
Civil Appeal No.1038 of 2006 Ghulam Abbas Niazi v. Federation of Pakistan and others PLD 2009 SC 866
|
| Laws Involved |
Constitution of Pakistan, 1973,
Pakistan Army Act, 1952
|
| Sections |
199(1)(b)(i),
199,
59
|