| Case ID |
14ada92c-0a66-4419-9011-827de0074959 |
| Body |
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| Case Number |
Cr. M. No. 211 of 1954 |
| Decision Date |
Mar 30, 1954 |
| Hearing Date |
|
| Decision |
The Lahore High Court accepted the petition filed by Hakim Sharif-ud-Din, ruling that the arrest and detention ordered by the District Magistrate of Sargodha were illegal due to the lack of a prior reference to the Government as required under Section 3(2) of the Punjab Public Safety Act. The court emphasized that the arrest must be made simultaneously with or after the making of the reference, and since no such reference was made prior to the order of arrest, the detention was deemed unlawful. Consequently, the court ordered the immediate release of the detenu. |
| Summary |
The case of Hakim Sharif-ud-Din vs. The Government of the Punjab revolves around the legality of the arrest and detention of the petitioner under the Punjab Public Safety Act. The Lahore High Court found that the District Magistrate's actions violated the procedural requirements outlined in the law, specifically that a reference to the Government must precede any arrest. This ruling underscores the importance of adhering to legal protocols in matters of public safety and individual rights. Legal practitioners and scholars should note the implications of this case, particularly regarding the enforcement of public safety laws and the rights of individuals against unlawful detention. Keywords: Punjab Public Safety Act, illegal detention, Lahore High Court, Habeas Corpus, legal rights, public safety, procedural law. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
ABDUL AZIZ KHAN, J
|
| Lawyers |
Mahmud Ali,
S. A. Mahmud
|
| Petitioners |
Hakim SHARIFUDDIN
|
| Respondents |
THE GOVERNMENT OF THE PUNJAB
|
| Citations |
1954 SLD 67 = 1954 PLD 364
|
| Other Citations |
Arbab Muhammad Hasham Khan v. Crown P L D 1954 Federal Court 1
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Punjab Public Safety Act, (XVIII of 1949)
|
| Sections |
491,
3(2),
4(b)
|