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Lahore High Court Nullifies Detention Orders Under MPO, Orders Immediate Release of Detainees

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Lahore High Court Nullifies Detention Orders Under MPO, Orders Immediate Release of Detainees

Islamabad 08-08-2024: In a significant ruling, the Lahore High Court, Bahawalpur Bench, declared the detention orders of 28 individuals, issued under Section 3(1) of the West Pakistan Maintenance of Public Order Ordinance, 1960 (MPO, 1960), to be illegal. The Court ordered the immediate release of the detainees, provided they were not required in any other criminal cases.

The petitioner had filed a petition against the Government of Punjab challenging the validity of the detention orders dated July 25 and July 26, 2024. The orders were issued on the grounds that the detainees were allegedly involved in activities prejudicial to public peace and safety.

The government's law officer argued that the petition was not maintainable since the detainees had an alternate remedy available, as their appeals were pending before the Secretary Home Department, Government of Punjab. However, the Court overruled this objection, emphasizing that the detention orders were inherently defective and failed to meet the statutory requirements for depriving individuals of their liberty.

Mr. Justice Asim Hafeez, presiding over the case, scrutinized the merits of the detention orders and found them to be broad and generalized. The Court noted that the orders lacked specific facts and circumstances necessary to justify the preventive detention of the individuals. Despite the government's assertions, there was no reference to any specific criminal activities in the detention orders.

The Court reiterated the need for strict construction of preventive detention laws. It emphasized that justification for such orders must be based on compelling reasons and specific evidence, in accordance with fundamental rights guaranteed under the Constitution of Pakistan. The judgment cited precedents, including "Mrs. Arshad Ali Khan vs. Government of the Punjab" (1994 SCMR 1532) and "Begum Nazir Abdul Hamid vs. Pakistan" (PLD 1974 Lahore 7), to support its findings.

The Court found that the detention orders were issued on trumped-up allegations without tangible evidence, constituting an incidence of malice in law. The ruling highlighted that misuse of authority and discretionary powers in this manner is unacceptable and unlawful.

In conclusion, the Court declared the detention orders illegal and ordered the immediate release of the 28 detainees listed in Schedule-A of the petition. This decision underscores the judiciary's commitment to upholding the rule of law and protecting individuals' fundamental rights against unlawful detention.