| Case ID |
42257d71-4997-4a2f-8b83-4587bc4356a7 |
| Body |
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| Case Number |
W.P. No. 833-D of 2017 |
| Decision Date |
Sep 26, 2017 |
| Hearing Date |
Sep 26, 2017 |
| Decision |
In this case, the Peshawar High Court quashed the detention order against Rehmatullah alias Rematoli, stating that the detaining authority, the Deputy Commissioner, acted without independent judgment and merely accepted the recommendations of the police. The Court emphasized that the law requires the detaining authority to provide grounds for detention, which were not supplied in this case. The Court recognized that a failure to provide these grounds jeopardizes the constitutional rights of the detained individual. The ruling highlighted the necessity of objective satisfaction by the government prior to issuing a detention order, ensuring that such actions are legally justified and not arbitrary. |
| Summary |
This case revolves around the detention of Rehmatullah alias Rematoli under the Khyber Pakhtunkhwa Maintenance of Public Order Ordinance, 1960. The petitioner challenged the legality of his detention, arguing that the order was issued without proper authority and lacked the necessary procedural safeguards. The Peshawar High Court ruled that the Deputy Commissioner had acted mechanically, without exercising independent discretion, thus violating the petitioner’s rights. The ruling underscored the importance of adhering to legal standards in the detention process and the requirement for authorities to provide adequate justification for such actions. Keywords include 'detention order', 'public order', 'Khyber Pakhtunkhwa', 'constitutional rights', 'legal standards', 'judicial review', and 'arbitrary detention'. This summary highlights the critical balance between state authority and individual liberties, making it relevant for discussions on civil rights and legal procedures in Pakistan. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AYUB KHAN,
SHAKEEL AHMAD
|
| Lawyers |
Fahim Ahmad Baloch,
Kamran Hayat Khan Miankhel
|
| Petitioners |
REHMATULLAH ALIAS REMATOLI
|
| Respondents |
GOVERNMENT OF KHYBER PAKHTUNKHWA THROUGH SECRETARY HOME AND TRIBAL AFFAIRS PESHAWAR AND OTHERS
|
| Citations |
2018 SLD 488,
2018 PLD 17
|
| Other Citations |
Muhammad Siddique Khan v. District Magistrate PLD 1992 Lah. 140,
1999 PCr.LJ 1558
|
| Laws Involved |
Khyber Pakhtunkhwa Maintenance of Public Order Ordinance,
Constitution of Pakistan
|
| Sections |
3,
199
|