Humayun Khan
PESHAWAR: Peshawar High Court (PHC) ordered release of former provincial minister Anwar Zaib Khan on two personal sureties along with Rs1 lac bond and declared Deputy Commissioner (DC) Bajaur detention orders under Maintenance of Public Order (MPO) null and void.
The judgement stated that DC Bajaur had issued detention order of Anwar Zaib Khan on 20 October under Section-3 MPO for period of 30 days. However, District Police Officer (DPO) reported that Anwar Zaib is found involved in holding protest gathering and inciting the public for taking part in the protest gatherings against the Government and State institutions and damaging Govt/State infrastructure in different parts of Bajaur.
His activities are posing grave threat to public safety which may create disturbance of public tranquility, danger to human life, health, safety and public properties and challenging writ of the State, DPO submitted in court.
Due to this act of Anwar Zaib, the situation is snowballing into serious law and order situations in Bajaur. DPO Bajaur has made a request for issuance of warrant of arrested under 3-MPO against Anwar Zaib Khan in order to prevent his unlawful activities, the judgement stated.
PHC’s Justice Shahid authored the judgement stated that the record made available before this court would divulge that the DC Bajaur has issued detention orders of Anwar Zaib under 3MPO on the request of DPO, however, sufficient material has neither been collected nor brought before him, against the petitioner.
The decision stated that it can be concluded safely that satisfaction can only be based on same evidence or record justifying the detention order which is badly lacking in this case.
Deputy Attorney General stated that sufficient evidence has been collected but nobody knows where is that evidence, what is the nature of sensitivity and why it could not be brought before learned judge in chamber, judgement stated.
The contention of Deputy Attorney General that the said material could only be shown to Review Board is not understandable for the reason that if it could be shown to Review Board how it could be withheld from High Court and at the best precautionary measure as mentioned herein above. In the light of what has been before court and produced before court, we are of the considered opinion that the conclusion as arrived at by the learned High Court being well based does not warrant interference and the detention order could not be justified.
The right of freedom and liberty of the petitioner has been abridged, so guaranteed under Article 9 of the Constitution of Pakistan, as such, interference of this court is inevitable in the matter for ensuring that such person enjoys exercise of such fundamental rights. PHC’s Justice Shahid Khan ordered release of former provincial minister Anwar Zaib Khan on bail over two personal sureties along with Rs1 lac surety bond while declaring DC Bajaur detention under 3MPO as null and void.
