2003 PLP 3204(2) (YLR)
Mst. SHAMIM BIBI‑‑‑Petitioner Versus GOVERNMENT OF PUNJAB through Secretary, Home Department, Lahore and others‑‑‑Respondents
| Citation | 2003 PLP 3204(2) (YLR) |
| Forum / Court | Lahore |
| Bench Members | Tanvir Bashir Ansari, J |
| Parties | Mst. SHAMIM BIBI‑‑‑Petitioner Versus GOVERNMENT OF PUNJAB through Secretary, Home Department, Lahore and others‑‑‑Respondents |
| Primary Law | West Pakistan Maintenance of Public Order Ordinance (XXXI of 1960)‑‑‑ |
Q1: What are the key laws and sections cited in 2003 PLP 3204(2) (YLR)?
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 2003 PLP 3204(2) (YLR)?
The case was heard and decided by the Lahore bench comprising: Tanvir Bashir Ansari, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2003 PLP 3204(2) (YLR) (Mst. SHAMIM BIBI‑‑‑Petitioner Versus GOVERNMENT OF PUNJAB through Secretary, Home Department, Lahore and others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Nadeem Iqbal Chaudhary for Petitioner.
- Mian M. Bashir, A.A.‑G. for Respondents.
Headnotes / Summary
‑‑‑‑S. 3(1)‑‑‑Constitution of Pakistan (1973), Art. 199‑‑‑Constitutional petition‑‑‑Petitioner who was detained under S.3(1) of West Pakistan Maintenance of Public Order Ordinance, 1960, had challenged his detention‑‑‑Authority had asserted that Government having barred certain religious organizations, petitioner was ordered to be detained in that respect‑‑‑No sufficient material had been brought on record to justify detention of the petitioner and ground mentioned in his detention order had not been substantiated‑‑‑Authority was directed to release the petitioner forthwith, in circumstances.
Judgment & Decree
Nadeem Iqbal Chaudhary for Petitioner. Mian M. Bashir, A.A.‑G. for Respondents. The petition was filed on the plea that no ground existed for the order of detention passed against the detenu under section 3(1) of the Punjab Maintenance of Public Order Ordinance, 1960. To support his contention the petitioner has appended certificate of good conduct of the detenu issued by Nazim Union Council 36, Tehsil Nazim, President Zillaee Anjuman‑e‑Arhtian, and 17 members of the locality.
2. In view of this submission, a notice was directed to be issued to respondent No.2 to submit report and parawise comments with particular reference to the basis upon which the impugned order of detention has been passed. The comments were filed on behalf of respondent No.1 wherein, it was asserted that Federal Government has banned certain Religious Organizations and it was in pursuant of the said act that the petitioner was ordered to be detained. According to the comments it was as per the report of the local police that the detenu was detained as there was sufficient material against him. On 5‑6‑2002 the learned A.A.‑G. was asked to report about the basis upon which the report of D.P.O. was made.
3. The learned A.A.‑G. is assisted by Muhammad Iqbal, S.‑I./S.H.O.
4. No sufficient material has been brought on the record to justify the detention under section 3(1) of the Ordinance of 1960. The ground mentioned in the impugned order is not substantiated in the case of detenu.
5. In these circumstances this writ petition is accepted and the respondents are directed to release the detenu Muhammad Younas forthwith. H.B.T./S‑720/L Petition accepted.