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1989 P Cr. L J 1002

QADIR BAKHSH vs Syed SHAUKAT ALI SHAH and 3 others

Citation1989 P Cr. L J 1002
CourtLahore High Court
Case No.Writ Petition No, 560/BWP,of 1988
Date1988-07-20
Judge(s)Muhammad Munir Khan
ResultPetition accepted

ORDER

' Through this Constitutional petition, Qadir Bakhsh wants this Court to declare the order. , ted 8-6- 1988 of the learned District Magistrate, Rahimyar Khan whereby ehe ...As ordered to be detained for 3 months under section 3 of M.P.O.O. 1960, to be without lawful authority and of no legal effect.

2. The learned counsel for the petitioner contended that the grounds of the detention were not conveyed to the petitioner as soon as possible and that the petitioner had already been acquitted in the cases which have been made the basis of the impugned order. The learned AA-G. Has supported the impugned order.

3. I have considered the submissions made by the learned counsel for the parties with care. I feel persuaded to agree with the learned counsel for the petitioner. I find that the petitioner was arrested on 8-6-1988. He was sent to jail immediately but the grounds of his detention were not conveyed to him till 29-6-1988. This infirmity per se renders the impugned order as illegal.

Furthermore in case F.I.R. No, 153 under section 3/4, Prohibition Ordinance which has been made the basis of the detention order, the petitioner had already been acquitted. So this ground was not available. The second ground is too vague.

4. For what has, been stated above the impugned order is declared to be illegal and of no legal effect. The petitioner has already been ordered. To be released through short order of even date. 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.

Cited by 2 cases

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