| Case ID |
3c9c5d0e-2b0f-4cb0-ba27-03274428797f |
| Body |
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| Case Number |
D-2741 of 2016 |
| Decision Date |
May 13, 2016 |
| Hearing Date |
|
| Decision |
The High Court found the preventive detention of the petitioner to be illegal and without authority. It was determined that there was no criminal record substantiating the claims of the petitioner’s involvement in activities prejudicial to law and order. The Deputy Commissioner had exceeded his powers under the Maintenance of Public Order Ordinance, 1960, by ordering preventive detention without meeting the mandatory legal requirements. Consequently, the High Court set aside the impugned order and allowed the constitutional petition, restoring the petitioner's fundamental rights to freedom and liberty. |
| Summary |
The case revolves around the preventive detention of Fiaz, who was accused of timber smuggling under the Maintenance of Public Order Ordinance, 1960. The Peshawar High Court scrutinized the legality of the detention and found that the Deputy Commissioner had acted without sufficient legal basis, as there was no criminal record against the petitioner. The court emphasized the importance of due process in such matters, highlighting that preventive detention should not be exercised lightly or without proper justification. This judgment reinforces the protection of individual rights against arbitrary state actions, ensuring that fundamental freedoms are upheld in accordance with the law. The ruling has implications for the enforcement of public order laws and the rights of citizens, making it a significant case in the context of legal protections against unlawful detention. |
| Court |
Peshawar High Court, Abbottabad Bench
|
| Entities Involved |
Not available
|
| Judges |
IKRAMULLAH KHAN, JUSTICE,
QALANDAR ALI KHAN, JUSTICE
|
| Lawyers |
Babar Ilyas,
Iftikhar Ahmad Tanoli,
Muhammad Naeem Abbasi, AAG
|
| Petitioners |
Fiaz son of Gul Zaman
|
| Respondents |
THE STATE,
Deputy Commissioner, Mansehra,
Divisional Forest Officer, Agror Tanawal Forest Division, Oghi
|
| Citations |
2016 SLD 2545,
2016 PCRLJ 1720
|
| Other Citations |
Not available
|
| Laws Involved |
Maintenance of Public Order Ordinance, 1960
|
| Sections |
3(1)
|