LAHORE: The Lahore High Court has observed that held without any valid reason and support of any cogent material, mere apprehensions cannot be allowed to curtail the right or freedom of any citizen guaranteed by the constitution.
The court passed this order in a petition of Kamran Khan, whose brother was detained under Section 03 of MPO, and observed that the impugned detention order is set aside being passed against the settled principles of law. The detenue Zeeshan Razzaq is ordered to release forthwith, if not required in any other case.
The court said when the law requires a thing to be done in a particular manner, it should have been done in that manner; otherwise, it would be deemed illegal.
The court held, “The competent authority, before passing detention order of a person under the Maintenance of Public Order (MPO), must have reasons to believe that said person has acted, is acting or is about to act in a manner which is prejudicial to public safety or maintenance of public order within his territorial jurisdiction.”
The court said the available record reveals that allegations against the detenue are general in nature, that he was delivering speeches against the government and security agencies and persuading the people to create a law and order situation in the district, but any solid or cogent material was not produced before DC to establish the same.
The court said the law officer could not refer or produce any material to prove that detenue is a member of any banned group or proscribed organization or involved in anti-State activities. Even perusal of the report of DPO Narowal does not reflect any material to invoke sub-section (1) of Section 3 of the Ordinance except apprehensions, the court added.
The court allowing the petition observed that the right to file a habeas corpus petition is a remedy as one of the fundamental rights provided by the constitution in all matters of illegal confinement, the court concluded.
Copyright Business Recorder, 2023
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