| Case ID |
0c37795e-8768-4d6d-b838-17c262dae036 |
| Body |
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| Case Number |
W.P. No. 290 of 2021 |
| Decision Date |
Jan 12, 2021 |
| Hearing Date |
Jan 12, 2021 |
| Decision |
The Lahore High Court ruled that the detention order against the petitioner was unjustified as he had already been granted bail in a related criminal case. The court emphasized that the liberty of citizens cannot be curtailed based on presumptions or without sufficient justification. It was highlighted that the authorities failed to demonstrate how the petitioner was acting in a manner prejudicial to the integrity, security, or public order of Pakistan. Consequently, the court set aside the detention order and directed the authorities to adhere to legal standards in future cases. |
| Summary |
In the case W.P. No. 290 of 2021, the Lahore High Court addressed the legality of a detention order issued against the petitioner, Zakir Ghayyur Sabir, a religious preacher. The petitioner was accused of making objectionable statements that hurt the religious feelings of other sects during a religious gathering. However, he had already been granted bail in a criminal case regarding similar allegations. The court found that the detention order violated the principles of justice and the Constitution of Pakistan, particularly Article 13(1), which protects individual liberty. The ruling underscored the importance of safeguarding citizens' rights against arbitrary state actions. The court emphasized that actions taken without sufficient cause to restrict a citizen's liberty are not supported by the Constitution. This case is significant as it reinforces the legal protections afforded to individuals against unjust detention, particularly in matters involving freedom of speech and religious expression. The decision serves as a reminder to authorities to ensure that their actions comply with constitutional provisions and respect individual rights, thereby enhancing public trust in the legal system. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Sardar Muhammad Sarfraz Dogar, J.
|
| Lawyers |
Mr. Azam Nazir Tarrar,
Nadeem Ahmad Tarrar,
Awais Idrees Maan,
Mr. Fiaz Ahmed Basra
|
| Petitioners |
Zakir Ghayyur Sabir
|
| Respondents |
6 Others,
Government of the Punjab, Through Additional Secretary (IS) Home Department, Punjab, Lahore
|
| Citations |
2021 SLD 276,
2021 PLJ 156
|
| Other Citations |
PLD 2020 Lah. 468
|
| Laws Involved |
Constitution of Pakistan, 1973,
Penal Code (XLV of 1860),
Maintenance of Public Order Ordinance, (XXXI of 1960)
|
| Sections |
199,
188,
3(1),
6,
13(1)
|