Pendency of criminal cases

Mere registration of cases of similar nature against the accused is no ground to deprive him from concession of bail.

Detention of detenu was violative of principle of fair trial as enshrined in Art. 10-A of the Constitution and detention, prima facie, was double jeopardy

High Court set aside order of detention passed by authorities as there was no evidence collected and detention under S. 3 of Punjab Maintenance of Public Order Ordinance, 1960 was not justifiable

High Court ordered release of detenu as order passed by authorities was illegal, without lawful justification and ineffective upon rights of detenu

Constitutional petition was allowed in circumstances.

Grievance of petitioner was that her husband was detained for thirty days by an administrative order on the ground that many criminal cases were pending against the petitioner regarding illegal constructions

Plea raised by authorities was that right of appeal before government was available to petitioner

Validity

No evidence was collected by concerned Authority due to which detention of detenu/husband of petitioner under S. 3(6) of West Pakistan Maintenance of Public Order Ordinance, 1960, could be justified

High Court declared the detention orders as illegal, without any lawful justification and ineffective upon the rights of detenu and order of detention was set aside as there was no justifiable reasons available for detention

High Court directed the authorities to release the detenu forthwith if not required in any other case

Petition was allowed in circumstances.