| Case ID |
269f5e66-99c0-4e5c-96ff-8266c4405a7b |
| Body |
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| Case Number |
W.P. No. 5435 of 2015 |
| Decision Date |
Apr 24, 2015 |
| Hearing Date |
Apr 24, 2015 |
| Decision |
The petition is allowed, and the impugned detention order dated April 7, 2015, issued by the Secretary of the Government of Punjab's Home Department is declared illegal. The court found that the government failed to provide any material against the petitioner despite being afforded time to do so. The court emphasized the importance of safeguarding individual liberties and confirmed that government actions limiting these liberties are subject to judicial review under Article 199 of the Constitution of Pakistan. Consequently, the detention order is set aside, and the detainee is ordered to be released forthwith. |
| Summary |
This case involves a constitutional petition challenging the detention of Haji Yar Muhammad under the West Pakistan Maintenance of Public Order Ordinance. The Lahore High Court ruled that the detention order was illegal due to the government's failure to provide adequate evidence against the detainee. The court reiterated the significance of protecting individual liberties and stated that the government must adhere to legal standards when detaining individuals. The decision highlights the judiciary's role in reviewing government actions that infringe upon personal freedoms. This ruling serves as a reminder of the legal protections available to citizens against unlawful detention. Keywords such as 'detention order', 'constitutional petition', 'individual liberties', and 'judicial review' are crucial in understanding the implications of this case. |
| Court |
Lahore High Court
|
| Entities Involved |
|
| Judges |
ALI AKBAR QURESHI, JUSTICE,
MUHAMMAD ZIA-ULHAQ
|
| Lawyers |
Mr. Muhammad Umar Qureshi, Advocate for Petitioner.,
Mr. Mobasher Latif Gill, Asstt. A.G. for Respondents.
|
| Petitioners |
|
| Respondents |
HOME SECRETARY, GOVERNMENT OF PUNJAB AND 3 OTHERS
|
| Citations |
2018 SLD 43,
2018 PLJ 112
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan, 1973,
West Pakistan Maintenance of Public Order Ordinance, 1960
|
| Sections |
199,
3
|