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AZHAR WALI versus DEPUTY COMMISSIONER, GILGIT


Sections 3 (1) and 5 of the Criminal Code (v. 1898), 491 and 561 involved the extension of the scope, the release of the deteno (accused) from the illegal prisoner's authority to order detention against a person. Ditino was involved in various cases but he was granted bail by the trial court. The administrative administration detained Danto on bail and on several occasions he was detained in the West Pakistan Maintenance of Public Order Ordinance, 1960 District Magistrate. Section 3 (1) extended. It has been clearly stated that the government was given the authority to order detention of a person and it was the government that could go on to arrest a person, if it was believed that the circumstances mentioned in this case were in West Pakistan. The Public Order Ordinance, 1960, provided that the District Judge or any other public servant shall be exclusively authorized on this subject to the Government, if it is satisfied that the situation is as described in section 3 (3). Issuing an order to detain the person responsible, in the present case, all detention orders were given by the district magistrate but It was not disclosed that, unless and when the District Judge was given the powers of the Government, it was bound under section 5 of the West Pakistan Maintenance of Public Order Ordinance, 1960, if it were to extend the matter. If you want, send it to the board. The detention and the Board shall also submit its report to the Government before the expiry of the detention period. In the present case, neither the Board was constituted by the Government nor the extension of the detention period to the Board. had gone

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