| Case ID |
3212eb75-5f0b-4057-9fc8-b72d4de87d4c |
| Body |
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| Case Number |
Writ Petition No.2144-P of 2013 |
| Decision Date |
Aug 07, 2013 |
| Hearing Date |
|
| Decision |
The Peshawar High Court accepted the constitutional petition challenging the detention order issued by the Deputy Commissioner of Kohat under the Maintenance of Public Order Ordinance. The court found that the detention order lacked sufficient material and did not substantiate the allegations against the petitioner, who had no prior history of involvement in unlawful activities. The Deputy Commissioner was criticized for not applying his independent judgment and for passing the detention order mechanically based on a police report. The court emphasized the importance of protecting individual liberty and mandated that authorities must provide clear reasons and substantial evidence when issuing detention orders. The judgment reinforces the constitutional rights of citizens against arbitrary detention. |
| Summary |
This case revolves around the constitutional petition filed against the preventive detention of an individual under the West Pakistan Maintenance of Public Order Ordinance. The petitioner challenged the legality of the detention order issued by the Deputy Commissioner of Kohat, claiming that it was not supported by any substantial evidence and was based solely on vague allegations of engaging in unlawful activities. The court highlighted the fundamental right to personal liberty, as enshrined in the Constitution of Pakistan, and ruled that the detaining authority failed to provide adequate justification for the detention. The decision underscores the critical role of the judiciary in safeguarding individual freedoms and ensuring that state actions are justified by clear, credible evidence. This ruling serves as a precedent for future cases involving preventive detention, emphasizing the necessity for authorities to exercise caution and due diligence in such matters. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
MALIK MANZOOR HUSSAIN,
IKRAMULLAH KHAN
|
| Lawyers |
M. Amin Khattak Lachi,
Saadullah Jandoli
|
| Petitioners |
Khanan
|
| Respondents |
5 others,
D.C.O., KOHAT
|
| Citations |
2014 SLD 1089,
2014 MLD 105
|
| Other Citations |
Ismail v. The State 2010 SCMR 27,
Muhammad Sharif v. The State PLD 2009 SC 709,
Federation of Pakistan v. Mrs. Umatul Jalil Khawaja PLD 2003 SC 442,
Mst. Mizbah Tabbasum and 2 others v. Government of Punjab through Secretary Home Department 2007 PCr.LJ 1776
|
| Laws Involved |
West Pakistan Maintenance of Public Order Ordinance, 1960,
Constitution of Pakistan
|
| Sections |
3,
199,
4,
9,
10,
15
|