By filing the instant petition, the petitioner has assailed the vires of order dated 28.11.2020 passed by the Respondent No. 4 for detention of petitioner being illegal, against the law, facts as well as in contravention to the Section 3 of the W est Pakistan Maintenance of Public Order Ordinance, 1960.
2. Heard. Record perused.
3. Brief facts of the case are that the petitioner is resident of Behal Tehsil and District Bhakkar and is a religious preacher . On 26.11.2020, a criminal case bearing FIR No. 365/2020, under Section 188, PPC read with Section 16 of Maintenance of Public Order Ordinance, 1960 and Section 6 of The Punjab Sound Systems (Regulation) Act, 2015 was registered against him with the Police Station Behal Distract Bhakkar with the allegation that on 24.11.2020 the petitioner hold a Majlis in Imam Bargah without permission and during the Majlis he delivered objectionable speech and hurt the religious feelings of the other sects. When the petitioner has sought the premium of bail in such criminal case the DPO Bhakkar/ Respondent No. 5 on the basis of same allegations forwarded a Letter No. 4314/SB dated 26.11.2020 to the Deputy Commissioner/respondent No. 4, who on the basis of said letter issued detention order dated 28.1 1.2020 against the petitioner for a period of 30 days.
4. Apart from the above, it is noticed that it is an admitted position that a criminal case has already been registered against the petitioner and the petitioner has been granted bail in such registered case. The criminal activity of the petitioner is, thus, already subject matter of such criminal case and almost on the same allegation, his detention is not justified in law as the same would amount to vexing the petitioner twice. Such detention order under Section 3(1) of The West Pakistan Maintenance of Public Order Ordinance, 1960, against a person against whom some criminal proceedings are already pending, is also violative to Article 13(a) of the Constitution. The respondents authorities have failed to justify as to how the petitioner was acting in a manner prejudicial to the integrity , security or defence of Pakistan, or public order or maintenance of supplies of services. Liberty of citizens cannot be curtailed merely on the basis of some presumptions.
5. This Court in the case of similar nature reported as Abdul Rasheed Bhatti v. Government of Punjab (PLD 2020 Lahore 468) has held that the liberty of every citizen is to be protected and guaranteed under Articles 4, 9, 10 and 15 of the Constitution of the Islamic Republic of Pakistan, 1973 and the State has no jealously safeguard liberty of every citizen wherever he may be; and any action without sufficient cause depriving or restricting liberty of a citizen is not envisaged by the Constitution of the country and any such action taken by the Government or any of its functionary is not immune from scrutiny of High Court in exercise of its power under Article 199 of the Constitution.
6. In view of above discussion, it becomes crystal clear that when the petitioner has obtained bail in the criminal case registered against him, the respondents in order to frustrate the proceedings before the competent Court of law has issued the impugned order , which is liable to be set aside. Order accordingly . However , the respondents/authorities are directed to act in accordance with law in future while issuing such type of detention orders keeping in view the fact that the detention order under Section 3(1) of the West Pakistan Maintenance of Public Order Ordinance, 1960 against a person against whom criminal procee dings were already pending, is violative of Article 13(1) of the Constitution.
9. With the above observations, the instant petition is disposed of.