| Case ID |
ecb1f65b-6aa3-4e1d-96dd-3d16595f6085 |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No. 8499 of 1979 |
| Decision Date |
Mar 12, 1980 |
| Hearing Date |
|
| Decision |
The Lahore High Court declared the detention of the petitioner, Master Abdul Rashid, to be without lawful authority and of no legal effect. The Court found that the grounds for detention were based on outdated and insufficient information regarding the petitioner's past conduct, which included multiple cases of criminal activity, many of which had been resolved in favor of the petitioner. The Court emphasized that preventive detention cannot be used as a punitive measure and must be justified by reasonable grounds that indicate an imminent threat to public safety. The decision reinforced the principle that the detention must be based on current and relevant information, not solely on past actions. The Court ordered the immediate release of the petitioner if he was not required in any other case. |
| Summary |
This case revolves around the preventive detention of Master Abdul Rashid under Martial Law Order No. 12. The Lahore High Court examined the legality of the detention and found it lacking in justified grounds. The Court highlighted the difference between preventive and punitive detention, noting that the latter cannot be justified based solely on historical conduct. The Court emphasized that past actions, while relevant, must be connected to a present threat to public safety. This ruling reiterates the importance of ensuring that preventive measures are not misused for punitive purposes. The decision contributes to the evolving understanding of individual rights under emergency laws in Pakistan, particularly in the context of martial law. It stresses the necessity for executive authorities to act within the bounds of legality and highlights the judicial review powers of the High Court in matters of detention. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
AAMER RAZA A. KHAN, J
|
| Lawyers |
N. A. Shami,
Tanveer Ahmad Khan,
Karamat N. Bhandari
|
| Petitioners |
Master ABDUL RASHID
|
| Respondents |
3 others,
SUB-MARTIAL LAW ADMINISTRATOR, SECTOR 2, RAWALPINDI
|
| Citations |
1980 SLD 622,
1980 PLD 356
|
| Other Citations |
Amina Yaqub v. District Magistrate 1979 P Cr. L J Note 75 at p. 50,
Muhammad Asif v. D. M. L. A. 1979 P Cr. L J Note 22 at p. 15,
Mairaj Muhammad Khan v. Government of West Pakistan P L D 1966 Kar. 282,
Muhammad Younus v. Province of Sind P I, D 1973 Kar. 694,
Shams Din v. D. M. L. A. P L D 1979 Lah. 74,
Masood Ahmad v. Government of Sind P L D 1976 Kar. 311,
Syed Zafar Abbas v. District Magistrate, Jhang P L D 1976 Lah. 622
|
| Laws Involved |
Martial Law Order, 1977,
Criminal Procedure Code (V of 1898),
Evidence Act (I of 1872),
Constitution of Pakistan (1973)
|
| Sections |
No. 12, para. 2(a),
S. 491,
S. 124,
Art. 199
|