2026 P Cr (PLP)

Shahid Khan, J.

Through the subject petition, the petitioners have called in question their respective detention orders, dated 03.11.2023, so issued by the Deputy Commissioner, Bajaur, under section 3, West Pakistan Maintenance of Public Order Ordinance, 1960, ("3-MPO").

2. In the subject petition, the Deputy Commissioner, Bajaur, had issued the impugned orders under section 3-MPO, for detention of the petitioners for a period of 30 days on the allegations that they are notorious members of Qabza Mafia (landgrabbers) and threatened the local community including the sitting Senator, Hidayat Ullah and his family members by grabbing their land. Other grounds mentioned therein, are, that the petitioners are breaching peace as well as law and order situation in the area and in this regard, FIRs have also been registered against them by the local police of PS Nawagai. As such, the Deputy Commissioner, Bajaur, in his wisdom was pleased to issue warrants of arrest against the petitioners. Through the impugned orders, the petitioners were ordered to be taken into custody and detained in District Prison, Timergara. Being aggrieved, the petitioners approached this Court through the subject petition.

3. When the subject case came up for hearing, the learned A.A.G was directed to come up along with complete record with respect to issuance of the impugned orders.

4. Arguments of learned counsel for the petitioners and the learned A.A.G have been heard and the record scanned through with their valuable assistance.

5. Today, the learned A.A.G representing the respondents, produced copy of letters of the Assistant Commissioner and Naib Tehsildar, Nawagai, dated 03.11.2023 and 02.11.2023, respectively, as well as application of one Hidayat Ullah, a resident of Nawagai, District Bajaur, it has been shown as basis, upon which the impugned orders have been passed.

6. The record made available before this Court would transpire that the Deputy Commissioner, Bajaur, has issued the impugned orders under section 3-MPO against the petitioners on the request of District Police Officer, Bajaur, Assistant Commissioner and Naib Tehsildar, Nawagai, however, sufficient material has neither been collected nor brought before him, against the petitioners nor their cases have been considered prior to the issuance of the impugned orders. As such, the authority issuing the impugned orders under section 3-MPO, has not exercised its mandate in accordance with law on subject. The impugned orders have been issued in a mechanical manner without application of the judicial and independent mind to cases of the petitioners. Sufficient material has neither been collected nor presented before the Deputy Commissioner, Bajaur, and without applying an impartial and judicial mind, the impugned orders have been issued mechanically. The impugned orders are prima facie omnibus in its kind and type and cases of the petitioners have not been individually and specifically discussed nor valid and genuine reasons have been highlighted therein to convince what to say of a judicial mind but even of an independent prudent mind. It also appears that such orders have been issued under section 3-MPO, whereby, liberty of a person is curtail and in the petition in hand, same of the petitioners has been restrained and restricted. In such like circumstances, issuance of the impugned orders under section 3-MPO was found to have not been fulfilling the jurisdictional requirements of its issuance under the ibid provision of the law on subject.

7. For the stated reasons, the subject petition is allowed, consequently, the impugned orders issued by the Deputy Commissioner, Bajaur, under section 3-MPO, are set aside and the petitioners be released from jail forthwith, if not required in any other case. However, as a matter of abundant caution, it would be appropriate that the petitioners shall submit surety bonds in the sum of Rs. 100,000/- (One Hundred Thousand) each with two reliable and resourceful sureties each in the like amount to the satisfaction of Deputy Commissioner concerned, along with an undertaking within a period of five (05) days from the date of the judgment of this Court to the effect that they shall never be involved in any illegal activities in future and would remain peaceful. The surety bonds so furnished and the affidavits so executed by the petitioners, would be valid for a period of six (06) months from the date of the bonds. JK/191/P Petition allowed.