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UMAR DARAZ versus DISTRICT MAGISTRATE, PESHAWAR


West Pakistan Maintenance of Public Order Ordinance 1960 Section 3 Constitution of Pakistan (1973), Article 199 Constitutional petition was charged with precautionary detention, no doubt, in a series of cases listed under several provisions of the General and Special Rules. He was involved. Even if his conviction had been pronounced, he was in any way detained under section 3 (6) of the said ordinance in the absence of any requirement by the West Pakistan Maintenance of Public Order Ordinance, 1960. No place was recognized to justify the representation of. The Government will also consider this, which cannot be considered an alternative step as envisaged under Article 199 of the Constitution, especially in the case involving the freedom of the citizen. I cannot include the repeat offenders. Order of detention of the accused approved by the relevant Partial Law District Magistrate, effectively and properly detained, was found to be illegal and without any legal authority and thereafter to be released As soon as the order was given, the constitutional petition was accepted.

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