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1979 P Cr. L J 757

Mst. KISHWAR SULTANA vs CHIEF MARTIAL LAW ADMINISTRATOR, ETC.

Citation1979 P Cr. L J 757
CourtLahore High Court
Case No.Writ Petition No. 1301, of 1978
Date1978-06-09
Judge(s)Shafi-ur-Rehman, Gul Muhammad Khan, Zakiuddin Pal
ResultPetition allowed

SHAFI-UR-REHMAN, J.---This petition is moved by Mst. Kishwar Sultana challenging the detention of Arif Nawaz, her husband, under Martial Law Order No. 12, as amended by Martial Law Order No. 33.

The detention order was passed on 8th March, 1978, directing his detention for three months.

2. The respondent was called upon to furnish the material on the basis of which the preventive detention had been ordered. It has been made available in the form of a report by the S.H O. Police Station, Yakki Gate. The material is contained in the column of general remarks and is to the following effect "He has been taking active part in the recent subversive agitation of the P.P.P. Against the Government."

No particular instance is cited. No criminal history germane to the maintenance of law and order or the running of orderly Government in the country is indicated in respect of the detenu. What has been reproduced as material in the remarks columns is only a subjective opinion with no foundation at all. Hence the petition was allowed and the detention order was declared to be without lawful authority and of no legal effect. The detenu was ordered to be released forthwith if her was not required in any other matter. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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