Ali Mukhtar Chaudhry vs Inspector General of Police, etc
This petition was filed concerning the alleged detention of several individuals by police authorities. Upon the Court's inquiry, the Capital City Police Officer, Lahore, appeared and submitted a report clarifying that only two individuals, Hamza Butt and Bahadar Khan, were detained under Section 3 of the Maintenance of Public Order Ordinance, 1960, while the remaining alleged detainees were neither required nor held in custody. The Capital City Police Officer provided an assurance to the Court that all detainees, including those not specifically named in the petition, would be released upon furnishing an undertaking or personal bond. The petitioner's counsel accepted this proposed mechanism for the release of the detainees. Consequently, the Court disposed of the petition based on this undertaking and the mechanism established for the release of the individuals in question.
- Can a petition concerning alleged illegal detention be disposed of based on an undertaking provided by police authorities?
- Is the release of detainees permissible upon the furnishing of a personal bond as assured by the Capital City Police Officer?
- Section 3, Maintenance of Public Order Ordinance 1960
ORDER
1. In pursuance of order of even date passe d by this Court, the learned Law officers along with Police officers have entered appearance and submitted a report showing detention of Hamza Butt and Bahadar Khan only, u/s 3 MPO whereas remaining alleged detenues were neither required nor detained/arrested. On Court query , the Capital City Police Officer, Lahore, in attendance, assured this Court that all the detenues even not part of this petition will be set at liberty after obtaining from them undertaking/personal bond. The mechanism of release of detenues offered by the Capital City Police Officer is accepted by the learned counsels from petitioner 's side. With this understanding, instant petition stands disposed of.