AFTAB KHAN vs The GOVERNMENT OF KHYBER PAKHTUNKHWA and 4 others
This matter arises from a writ petition filed by the petitioner seeking his release from preventive detention ordered under section 3(1) of the West Pakistan Maintenance of Public Order Ordinance, 1960. The core legal question is whether a citizen can be preventively detained under maintenance of public order laws based on general allegations of criminal conduct and pending cases, bypassing ordinary criminal procedure. The Peshawar High Court allowed the petition and set aside the detention order, holding that liberty cannot be curtailed through fanciful preventive orders when specific penal statutes and regular judicial procedures are available to address alleged criminal activities. The key principle laid down is that preventive detention laws cannot be used as a substitute for ordinary criminal prosecution under the Pakistan Penal Code, and jails are not reformatories for detaining individuals without proper trial and proof of guilt in a competent court.
- Whether a citizen can be preventively detained under the West Pakistan Maintenance of Public Order Ordinance, 1960, on the basis of general criminal allegations?
- Can preventive detention laws be used as a substitute for ordinary criminal proceedings under the Pakistan Penal Code?
- Section 3(1), West Pakistan Maintenance of Public Order Ordinance 1960
' QAISER RASHID KHAN, J.---Through the instant writ petition, the petitioner seeks his release, who is detained by the order dated 13-1-2012 of respondent No,2, issued Vide No,1447-47/DCO, dated 14-1- 2012, under the provisions of section 3, subsection (1) of the West Pakistan Maintenance of Public Order Ordinance, 1960 and sent to the Central Prison, Bannu for a period of 30-days.
2. The 'petitioner alleges in the petition, that he is a peaceful citizen, having considerable landed property and enjoys great respect in public, but in connivance with his opponents the petitioner has been booked under 3, MPO, vide Letter No,144-47/DCO, dated 14-1-2012, and since then, he is in Central Jail, Bannu.
3. The learned A.A.-G., present in the Court was put on notice and directed to furnish the record regarding the allegations contained in the impugned order for detention of the petitioner. After some time the learned A.A.-G. Furnished a list of cases in which the petitioner has been charged.
He further furnished a copy of Complaint No,77/PA, dated 6-1-2012, made by respondent No,4 to the respondent No,2, regarding involvement of the petitioner in the business of narcotics and gambling within the jurisdiction of Police Station City, Bannu. The learned A.A.-G. Stated that in view of his objectionable activities which are prejudicial to public safety and maintenance of peaceful condition in the district and also of other criminal activities in which he is regularly engaged, the petitioner has been rightly detained under 3, MPO.
4. Arguments heard and record perused.
5. Though in certain cases submitted by the learned A.A.-G., the petitioner has been charged and even convicted and sentenced, but still there is no justification for his detention under the provisions of 3, MPO. A citizen even with the alleged track record as that of the petitioner cannot be detained or his liberty curtailed by this fanciful order as herein before us. Law provides for proper procedure and law. Enforcing agencies or for that matter, the respondents. Can always press into service the penal sections provided in the Pakistan Penal Code against a person rather than detain him on allegations containing in the impugned order. Needless to mention that jails are not reformatories, where a person can be reformed and will get rid of his bad habits. Thirty days period is anyway too short a period to reform a person or to deter him from his criminal activities.. So in order to cater to such events a proper mechanism has been provided by invoking the penal sections against an individual and by bringing home the charge of guilt against him in the competent Court of law.
6. For reasons stated above, we accept, this writ petition, the impugned detention order dated 13-1- 2012, issued vide No,144-47/DCO, dated 14-1-2012, by District Co-ordination Officer, Bannu is set aside and petitioner Malik Aftab Khan is set at liberty, if not required in any other criminal case.
7. These are the reasons for our short order of the even date.