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GHANI-UR-REHMAN versus DISTRICT MAGISTRATE/DEPUTY COMMISSIONER HANGU


The West Pakistan Maintenance of Public Order Ordinance 1960 Section 3 Constitution of Pakistan (1973), Article 199 Constitutional application precautionary detained applicant, who was involved in criminal case, was allowed to bail, but has to be out of custody till the last date. Was not allowed Under the bail order, the applicant was served a detention order under section 3, the West Pakistan Maintenance of Public Order Ordinance, 1960. The allegations against the applicant were that he had made peace and security in the district concerned. He was involved in objectionable acts that were detrimental to the peace and he was planning to incite / provoke the general public to disrupt the applicant's local administration. To issue a detention order against him. The previous record of the applicant's criminal activities was also taken on the basis that the applicant was credible The information was obtained from various sources, but no district report of the relevant agency was issued on the record when the district magistrate issued the report to show that the applicant was allegedly harmful to the peace and tranquility in the area. Was involved in objectionable activities, failed to justify the detention order on allegations in the absence of any supporting document. The criminal record of the applicant's past criminal record against the applicant was hardly found in the West Pakistan Maintenance of Public Order The basis of the action can be provided under the ordinance , The High Court accepted the default detention order against the applicant by the District Magistrate has occurred without declaring illegal and legal options

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