| Case ID |
d5d69c65-acc8-4257-9ad8-852249d0c416 |
| Body |
View case body. Login to View |
| Case Number |
W.P. No. 913-A of 2014 |
| Decision Date |
Jan 15, 2015 |
| Hearing Date |
Jan 15, 2015 |
| Decision |
The Peshawar High Court allowed the petition of Aurangzeb Khan, determining that the preventive detention order issued against him under the West Pakistan Maintenance of Public Order Ordinance was not legally justified. The court emphasized that the authorities must have sufficient material evidence to issue such orders, as the right to liberty is constitutionally protected. The lack of evidence supporting the allegations against the petitioner led to the conclusion that the detention was based on unfounded assumptions. Consequently, the court set aside the detention order, underscoring the importance of lawful authority in matters of preventive detention. |
| Summary |
The case of Aurangzeb Khan vs. Government of Khyber Pakhtunkhwa revolves around a preventive detention order issued under the West Pakistan Maintenance of Public Order Ordinance. The petitioner challenged the legality of this order, asserting that it was based on unfounded assumptions and lacked sufficient evidence of any wrongdoing. The Peshawar High Court, presided over by Justice Mrs. Irshad Qaiser, scrutinized the case and found that the authorities failed to meet the legal requirements for issuing such a detention order. The court highlighted the constitutional right to liberty and the necessity for solid evidence before curtailing an individual's freedom. Ultimately, the court ruled in favor of the petitioner, setting aside the detention order, thereby reinforcing principles of justice and lawful authority in preventive detention cases. This case is significant as it addresses the balance between public order and individual rights, a pertinent issue in legal discourse. Keywords such as 'preventive detention', 'West Pakistan Maintenance of Public Order Ordinance', 'constitutional rights', and 'Peshawar High Court' are crucial for understanding the implications of this ruling. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
MRS. IRSHAD QAISER
|
| Lawyers |
Qazi Muhammad Shiraz,
Muhammad Naeem Abbasi
|
| Petitioners |
Aurangzeb Khan
|
| Respondents |
7 OTHERS,
GOVERNMENT OF KHYBER PAKHTUNKHWA (KPK),
Secretary Home
|
| Citations |
2016 SLD 1424 = 2016 MLD 330
|
| Other Citations |
Muhammad Yousaf Farooi v. Government of Punjab 2012 PCr.LJ 905,
Federation of Pakistan through Secretary, Ministry of Interior, Islamabad v. Mrs. Amatul Jalil Khawaja and others PLD 2003 SC 442,
Government of Punjab, Home Department and another v. Hafiz Muhammad Saeed and others 2011 SCMR 1139,
Afzoona Kausar v. Additional District Magistrate, ICT, Islamabad PLD 2011 Isl. 1,
Muhammad Rafique alias Fiqa v. The District Magistrate, Mansehra PLD 1992 Pesh. 26,
Muhammad Iqbal and 3 others v. Deputy Commissioner/District Magistrate, Mansehra and 3 others PLD 1992 Pesh. 107
|
| Laws Involved |
West Pakistan Maintenance of Public Order Ordinance,
Constitution of Pakistan
|
| Sections |
3,
10,
199
|