| Case ID |
3ce9d564-2ad3-4dc9-a879-3e9a6168e456 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petitions for Leave to Appeals Nos.669 and 6 |
| Decision Date |
Jan 16, 1996 |
| Hearing Date |
Jan 16, 1996 |
| Decision |
The Supreme Court granted leave to appeal to the petitioners, concluding that their detention was not in accordance with the law, which violated their fundamental rights. The Court found that successive detention orders had been issued against the petitioners without sufficient legal basis, and that the High Court had failed to adequately investigate the validity of the detention. The Court directed that the appeals would be decided based on the current record, allowing the parties to submit additional documents if necessary. |
| Summary |
This case revolves around the detention of petitioners Dr. Saleem Alswadi and Fazal Ullah Hamidi under the West Pakistan Maintenance of Public Order Ordinance. The Supreme Court of Pakistan examined the legality of their successive detention orders issued by authorities without proper investigation or basis in law. The petitioners challenged their detention, arguing that they were unlawfully held despite a lack of evidence against them. The Court found that the High Court had improperly dismissed their earlier writ petitions without a thorough examination of the facts. The Supreme Court emphasized the importance of adhering to legal procedures in matters of personal liberty, ultimately granting leave to appeal and setting a precedent for the treatment of detainees under similar circumstances. This case highlights the significance of protecting fundamental rights and ensuring lawful detention procedures, making it a landmark ruling in the context of administrative law and personal freedoms in Pakistan. Keywords such as 'detention legality', 'fundamental rights', 'Supreme Court Pakistan', and 'public order ordinance' are essential for SEO optimization. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Intelligence Agency,
District Magistrate, Peshawar,
F.I.A. Authorities
|
| Judges |
SAIDUZZAMAN SIDDIQUI,
FAZAL ILAHI KHAN,
SH. RIAZ AHMAD
|
| Lawyers |
Abdul Basir Qureshi,
Ch. Akhtar Ali,
Raja Muhammad Bashir
|
| Petitioners |
Dr. SALEEM ALSWADI,
FAZAL ULLAH HAMIDI
|
| Respondents |
FEDERATION OF PAKISTAN
|
| Citations |
1997 SLD 603,
1997 SCMR 430
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Maintenance of Public Order Ordinance, 1960,
Constitution of Pakistan, 1973
|
| Sections |
3,
185(3)
|