2016L82 (PLP)

MRS. ERUM SAJAD GULL, J.

The petitioner Nighat Sultana has filed this Writ Petition challenging the detention order of her brother namely Muhammad Rafi son of Muhammad Shafi, who has been detained for thirty days, in pursuance of the impugned order dated 16.10.2015 passed by the District Coordination Officer, Lahore under Section 3 of the Maintenance of Public Order Ordinance, 1960.

2. Learned counsel for the petitioner has argued that the impugned detention order passed by the respondent No. l / District Coordination Officer, Lahore is illegal and passed in violation to the Constitution of Islamic Republic of Pakistan, 1973; that the detenu cannot be arrested for the same offence again; that the detenu is on bail in all the FIRs; that Section 3 of the Maintenance of Public Order Ordinance, 1960 is not applicable to the case of the petitioner; that a citizen could not be deprived of his liberty on presumption. The learned counsel has relied upon Liaqat Ali Khan v. District Coordination Officer, Bahawalpur and 3 others (PLD 2012 Lahore 336); Muhammad Nadeem v. Government of Punjab through Home Secretary and another (PLD 2010 Lahore 371); Haq Dad Khan v. District Magistrate, Mianwali (1997 PCr.LJ 1288 Lahore) and Syed Mubbashar Raza v. Government of Punjab through Secretary Home Department and 2 others (PLD 2015 Lahore 20).

3. The learned Assistant Advocate General has vehemently opposed this Writ Petition and has argued that the detenue should avail the statutory remedy of representation as provided under the Punjab Maintenance of Police Order Ordinance, 1960 and this Writ petition, being not maintainable, be dismissed.

4. Arguments have been heard and the impugned Order has been perused.

5. The grounds for the detention order are that eight FIRs had been registered against the detenu showing that he was a notorious gambler, keeping in view the criminal record of the detenu on the request of the Deputy Inspector General of Police (Operations) Lahore the detention order under section 3 of the Maintenance of Public Order Ordinance, 1960 for 30 days was issued by the respondent No.1/District Coordination Officer, Lahore. As the Police suspected that the gambling activities of the detenu would create a law and order situation.

6. It is evident from the perusal of the impugned order that though the detenu was granted bail in the cases registered against him and the said cases were pending adjudication before the competent court but for the same offences respondent No.1/District Coordination Officer Lahore passed the detention order of the detenu. This is a clear violation not only of the law but also of the Constitution of Pakistan 1973. Under Article 13 (a) of the Constitution of Pakistan 1973 "no person shall be prosecuted or punished for the same offence more than once".

7. The case of the detenu was not a case for which the District Coordination Officer Lahore could have passed the detention Orders. The law laid down under section 3 of the Maintenance of Public Order Ordinance, 1960 is clear that the detention order of a person could only be passed if a person was dealing in black marketing, hoarding, smuggling, offence against the security of the State or an act prejudicial to the maintenance of public order.

8. A citizen could not be deprived of his liberty on the whim of any person. Article 4 of the Constitution of the Islamic Republic of Pakistan 1973, has laid down that every citizen shall be dealt with in accordance with law. Article 10 (4) of the Constitution clearly states that a detention order of a person could only be made if he was acting against the defence or security of Pakistan. The Constitution of Pakistan jealously safeguards the liberty of all persons. Article 9 of the Constitution clearly states that no person shall be deprived of his life or liberty and shall be dealt with strictly in accordance with law.

9. The District Coordination Officer, Lahore/respondent No.1 without applying his mind mechanically passed an order on the recommendation of the Police even though the detenu was on bail and no such situation had arisen as mentioned above to have deprived the detenue of his liberty. The Police could not be allowed to use the back door of arresting a person if they have already been granted bail by the competent court.

10. The impugned detention order is a sheer violation of the law and the Constitution of the Islamic Republic of Pakistan, 1973. The impugned order, being coram non judice, therefore the detenu was not required to file a representation as required under Section 3 (6) of the Maintenance of Public Order Ordinance, 1960.

11. As deliberated above, this Writ Petition is allowed and the impugned detention order dated 16-10-2015 passed by the District Coordination Officer Lahore is set aside as being declared illegal and without any lawful authority. The detenu Muhammad Rafi son of Muhammad Shafi shall be released instantly. MH/N-52/l Petition allowed.