1989 PLP 4309 (MLD)
MUSHTAQ‑‑Petitioner Versus D.M. GUJRANWALA‑‑Respondent
| Citation | 1989 PLP 4309 (MLD) |
| Forum / Court | Lahore |
| Bench Members | Muhammad Munir Khan J |
| Parties | MUSHTAQ‑‑Petitioner Versus D.M. GUJRANWALA‑‑Respondent |
| Primary Law | West Pakistan Maintenance of Public Order Ordinance (XXXI of 1960)‑ |
Q1: What are the key laws and sections cited in 1989 PLP 4309 (MLD)?
This judgment primarily cites: West Pakistan Maintenance of Public Order Ordinance (XXXI of 1960)‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 PLP 4309 (MLD)?
The case was heard and decided by the Lahore bench comprising: Muhammad Munir Khan J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 4309 (MLD) (MUSHTAQ‑‑Petitioner Versus D.M. GUJRANWALA‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Rana Ijaz Ahmad Khan for Petitioner.
- Khalil Ramday, A.G. Punjab for Respondent.
Headnotes / Summary
‑‑‑S.3‑‑Constitution of Pakistan (1973), Art. 199‑‑Detention, legality of Detenu allegedly involved in a case of criminal intimidation‑‑Order of detention not supported by State counsel‑‑Criminal intimidation or wrong to an individual, held, could not be made basis for detention under the West Pakistan Maintenance of Public Order Ordinance, 1960‑‑Detention declared to be without lawful authority and of no legal effect. Date for hearing: 4th September, 1988.
Judgment & Decree
Rana Ijaz Ahmad Khan for Petitioner. Khalil Ramday, A.G. Punjab for Respondent. Date for hearing: 4th September, 1988. Through this Constitutional Petition Mushtaq petitioner wants this Court to declare the order of District Magistrate, Gujranwala respondent No.l dated 1.4‑6‑1988, whereby Muhammad Ishaq was ordered to be detained for 3 months under section 3 of the Maintenance of Public Order Ordinance, 1960 to be without lawful authority and of no legal effect.
2. Learned counsel for the petitioner submitted that the learned District Magistrate has passed the impugned order without applying his mind to the grounds of detention and that involvement of Muhammad Ishaq in a case under section 506 P.P.C. was not a valid ground for detention under section 3 of M.P.O. Ordinance. The learned Advocate‑General does not support the order of detention. .
3. I have considered the matter. I feel that the learned District Magistrate passed the order of detention of Muhammad Ishaq on a flimsy ground. There can be no two opinions that criminal intimidation or a wrong to an individual cannot be made basis for the detention of a particular person under section 3 of M.P.O. Ordinance, 1960, so the learned Advocate General has rightly conceded in this case. That being the position, the impugned order of detention of Muhammad Ishaq is declared to be without lawful authority and of no legal effect. He has already been released on bail by my order dated 17‑8‑1988.
4. Mr. Tariq Yousaf, District Magistrate, Gujranwala is present in person. He regrets and assures to be careful in future. So, the notice given to him on 17 8‑1988 is recalled. S.A./M‑1333/L Writ issued.