Aftab Khan VS Govt of KPK

2013 P Cr. L J 272

[Peshawar]

Before Nisar Hussain Khan and Qaiser Rashid Khan, JJ

AFTAB KHAN---Petitioner

Versus

The GOVERNMENT OF KHYBER PAKHTUNKHWA and 4 others---Respondents

Writ Petition No.23 of 2012, decided on 31st January, 2012.

West Pakistan Maintenance of Public Order Ordinance (XXXI of 1960)--- ----S. 3(1)--- Constitution of Pakistan, Art. 199--- Constitutional petition---Power to arrest and detain suspected persons---Setting aside of detention order---Suspect (petitioner) had been detained for a period of 30 days on the order of the District Officer (respondent) under the provisions of S.3(1) of West Pakistan Maintenance of Public Order Ordinance, 2000--- Contention of suspect that he was a peaceful citizen having considerable property and enjoyed great respect in public, and that he had been booked under the said Ordinance in connivance with his opponents---Validity---Although suspect had been charged and even convicted and sentenced for certain cases, but still there was no justification for his detention under the provisions of S.3 of West Pakistan Maintenance of Public Order Ordinance, 2000---Citizen even with the alleged track record as that of the suspect could not be detained or his liberty curtailed---Law provided for proper procedure and law-enforcing agencies and the District Officer could always press into service the penal sections provided in P.P.C., against a person rather than detain him on allegations contained in the impugned order---Detention period of accused (30 days) was too short a period to reform a person or to deter him from his criminal activities, and to cater for such events a proper mechanism had been provided by invoking the penal sections against an individual and by bringing home the charge of guilt against him in a competent court of law--- Constitutional petition was allowed, impugned detention order was set aside and suspect was set at liberty.

Muhammad Sadiq Khan for Petitioner.

Ahmad Farooq Khattak, A.A.-G. for Respondents.

Date of hearing: 31st January, 2012.

JUDGMENT

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.

MWA/116/P Petition allowed.