1988 P Cr (PLP)
BASHIR AHMAD‑‑Petitioner Versus DISTRICT MAGISTRATE‑‑Respondent
| Citation | 1988 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | Riaz Ahmad, J |
| Parties | BASHIR AHMAD‑‑Petitioner Versus DISTRICT MAGISTRATE‑‑Respondent |
Q1: What are the key laws and sections cited in 1988 P Cr (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1988 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: Riaz Ahmad, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1988 P Cr (PLP) (BASHIR AHMAD‑‑Petitioner Versus DISTRICT MAGISTRATE‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Mian Abdul Sattar Najam for Petitioner.
- Tanveer Ahmad Khan, Addl. A.‑G. for Respondent.
Headnotes / Summary
(a) West Pakistan Maintenance of Public Order Ordinance (XXXI of 1960)‑‑ ‑‑‑S. 3‑‑Detention‑‑Going beyond grounds‑‑Four cases of assault registered against the detenu besides one of the grounds revealed that he would create law and order situation during the forthcoming elections whereas in fact no such elections in sight‑‑Held, no material sufficient to justify detention of petitioner existed‑‑Order of detention set aside in circumstances. (b) West Pakistan Maintenance of Public Order Ordinance (XXXI of 1960)‑‑ ‑‑‑S. 3‑‑Detention‑‑Going beyond grounds‑‑Seven cases registered against the detenu, three of which ended in acquittal while remaining four yet pending adjudication‑‑Held: Pendency of four cases was hardly sufficient to justify detention of the detenu‑‑Order of detention set aside, in circumstances.
Judgment & Decree
Mian Abdul Sattar Najam for Petitioner. Tanveer Ahmad Khan, Addl. A.‑G. for Respondent. Detenu Muhammad Bashir was detained on 4‑6‑1988 for a period of 60 days under section 3 of the West Pakistan Maintenance of Public Order Ordinance, 1960. Following grounds were served upon him:‑ (1) that he is a desperate criminal who has no respect for law of the land and mostly indulges in crime of assault on public servants. He was challaned in 2 cases of assault on public servants and in a case of attempt to murder. (2) He is not employed in any of the Mills/Factories of Sheikhupura District but loiters about in different mills with a view to disturbing industrial peace. (3) He is also a bully and keeps unlicensed arms with him to overawe the public as well as the Government functionaries. (4) He is reasonably suspected to create lawlessness in the forthcoming elections. (5) He was challaned in 4 cases and he is an habitual criminal. In support of these grounds, the learned Additional Advocate‑General states that there are cases of assault against him, but no such case' has been referred to in the grounds served upon him. Even though going beyond the grounds there are 4 cases of assault registered against the detenu, which would hardly constitute any material sufficient to justify the detention. Furthermore, one of the grounds reveals that he would create law and order situation during the' forthcoming elections. Order was passed on 4‑6‑1988 when there was no election in. sight. In this view of the matter, the grounds served upon the detenu Bashir are vague, and hence, the detention cannot be justified thereon. Accordingly, the order detaining the detenu is hereby declared to have been passed without any lawful authority. The detenu shall be released forthwith if not required in any other, case.
2. Similarly, Muhammad Sadiq alias Bodi detenu was also detained on 7‑6‑1988. Grounds served upon him are the same as in the case of Muhammad Bashir detenu. In the grounds of detention of Sadiq no reference to any case finds mention. Even though, going beyond the grounds, seven cases were registered, in three of them the detenu was acquitted, while four are still pending adjudication. Pendency of four cases is hardly sufficient to justify the detention, detenu can be convicted if found guilty during the trial. Accordingly, I direct that the detenu Sadiq alias Bodi shall be released forthwith if not required in any other case. S.G.D./B‑83/L???????????????????????????????????????????????????????????????????????????????????? Petition accepted.