| Case ID |
1431bdbb-0e06-4970-b540-026ec592d386 |
| Body |
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| Case Number |
Writ Petition No. 12471 of 2019 |
| Decision Date |
Aug 27, 2019 |
| Hearing Date |
|
| Decision |
The Lahore High Court accepted the constitutional petition of the petitioner, Ghulam Murtaza's son, challenging the detention order issued by the Deputy Commissioner of Multan. The court found that the allegations against Ghulam Murtaza were general and lacked solid evidence. The Deputy Commissioner had acted without applying an independent mind and based the detention on assumptions rather than tangible proof. Hence, the order was declared null and void, and Ghulam Murtaza was ordered to be released immediately if not required in any other case. |
| Summary |
This case pertains to the detention of Ghulam Murtaza under the Punjab Maintenance of Public Order Ordinance, 1960. The petitioner challenged the legality of the detention order on the grounds that it was based on vague allegations without substantial evidence. The Lahore High Court ruled in favor of the petitioner, citing violations of constitutional rights, particularly the right to liberty. The decision emphasized the necessity for credible evidence before detaining individuals under public safety laws. This ruling reinforces the principles of due process and the protection of individual rights against arbitrary detention in Pakistan. |
| Court |
Lahore High Court
|
| Entities Involved |
Deputy Commissioner, Multan,
City Police Officer, Multan,
Station House Officer, Police Station Alpa
|
| Judges |
FAROOQ HAIDER, JUSTICE,
GHULAM QASIM
|
| Lawyers |
Hafiz Allah Ditta Kashif Bosan,
Malik Shafqat Mehmood Marha
|
| Petitioners |
Hafiz Allah Ditta Kashif Bosan
|
| Respondents |
GOVERNMENT OF PUNJAB AND OTHERS
|
| Citations |
2020 SLD 273,
2020 MLD 166
|
| Other Citations |
Not available
|
| Laws Involved |
Pakistan Penal Code, 1860,
Constitution of Pakistan, 1973
|
| Sections |
34,
148,
149,
337A(ii),
F(iii),
H(2),
L(2),
342,
379,
380,
381A,
406,
411,
452,
457,
13,
13(a),
199
|