| Case ID |
424f918a-87ff-4349-ae5b-cce35592ded5 |
| Body |
View case body. Login to View |
| Case Number |
Civil Appeal No. 966 of 1993 |
| Decision Date |
May 24, 2000 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the appeal filed by the Government of Sindh against the High Court's decision, which had declared the preventive detention order issued by the District Magistrate as unlawful. The Court upheld the High Court's imposition of costs against the District Magistrate and the Superintendent of Police, emphasizing that such orders must rest on valid principles of justice and equity. The appeal was primarily focused on whether show-cause notices should have been issued before awarding costs. The Court ruled that in this case, the facts were clear and did not necessitate such notices, reaffirming the High Court's authority to protect fundamental rights. |
| Summary |
In the landmark case of Civil Appeal No. 966 of 1993, the Supreme Court of Pakistan addressed significant issues surrounding preventive detention under the West Pakistan Maintenance of Public Order Ordinance, 1960. The case arose when Mst. Najma challenged the detention of her husband, Dr. Abdul Hameed Memon, who was detained for 30 days under vague and unsupported allegations. The High Court found the detention order without lawful authority, prompting the Government of Sindh to appeal the decision. The Supreme Court's ruling reinforced the necessity of clear and valid justifications for detention, underscoring the importance of protecting citizens' fundamental rights against arbitrary state actions. This case has significant implications for civil liberties and the accountability of state officials, establishing vital legal precedents for the enforcement of justice and equity in administrative actions. By ensuring that costs are awarded based on recognized legal principles, the Court demonstrated its commitment to upholding the rule of law and safeguarding individual rights against wrongful detention. The decision serves as a crucial reference point in discussions regarding the balance between state authority and personal freedom, especially in the context of preventive detention laws. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Superintendent of Police,
District Magistrate
|
| Judges |
Nazim Hussain Siddiqui,
Hamid Ali Mirza,
Abdul Hameed Dogar
|
| Lawyers |
Munibur Rehman
|
| Petitioners |
Mst. Najma
|
| Respondents |
GOVERNMENT OF SINDH and others
|
| Citations |
2001 SLD 708,
2001 SCMR 8
|
| Other Citations |
1990 PCr.LJ 1717,
1993 SCMR 633,
1993 SCMR 639,
AIR 1990 SC 513,
AIR 1984 SC 1026,
AIR 1986 SC 494,
AIR 1995 SC 117
|
| Laws Involved |
West Pakistan Maintenance of Public Order Ordinance,
Constitution of Pakistan, 1973
|
| Sections |
3(1),
199,
185(3),
185
|