2012 PLP 1273 (MLD)
Mst. ZARBAKHT SHAH — Petitioner Versus POLITICAL AGENT KHYBER AGENCY and 4 others-Respondents
| Citation | 2012 PLP 1273 (MLD) |
| Forum / Court | Peshawar |
| Bench Members | N/A |
| Parties | Mst. ZARBAKHT SHAH — Petitioner Versus POLITICAL AGENT KHYBER AGENCY and 4 others-Respondents |
| Primary Law | Constitution of Pakistan |
Q1: What are the key laws and sections cited in 2012 PLP 1273 (MLD)?
This judgment primarily cites: Constitution of Pakistan as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2012 PLP 1273 (MLD)?
The case was heard and decided by the Peshawar bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2012 PLP 1273 (MLD) (Mst. ZARBAKHT SHAH — Petitioner Versus POLITICAL AGENT KHYBER AGENCY and 4 others-Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Arshad Hussain Yousafzai for Petitioner.
Headnotes / Summary
Arta 199
Constitutional petition for issuance of directions for production of detenu
Detention of the detenu being preventive in nature and was in default of surety bonds, there was no legal impediment to release him
Assistant Political Agent was directed by High Court to release the detenu, if he would execute bail bonds with two sureties.
Judgment & Decree
DOST MUHAMMAD KHAN. J.
This case was taken up in the morning, however, the learned Standing Counsel for Political Agent Bara was not available, who. was called to the Court and stated at the bar that the detenu namely, Saeed Muhammad son of Qadir Khan r/o Caste Aka Khel, Bara Khyber Agency, has been detained under section 40 FCR.
2. As the detention of the detenu is preventive in nature and is in' default of surety bonds otherwise. there is no legal impediment to release him. therefore, we would direct AP \ Mira to release the detenu. named; above. if he executes bail bonds in the sum of Rs.50.nt? wwtwo sureties, however, the APA Bara shall clearly understand that he ts not authorized under the law to reject the surety bonds without assignin any - good and legal reason therefor and he cou:d do it Only through a speaking order. The petitioner is directed to approach APA Bara within a week time. In case the APA concerned rejected the surety bonds, the petitioner can again come to this court through a simple petition. Petition disposed of in the above terms. R.B.T./203/P??????????????????????????????????????????????????????????????????????????????????????? Order accordingly.