Ghulam Muhammad vs Government of Pakistan — 1972 SCMR 582

Citation: 1972 SCMR 582

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-12-31

Headnotes

Case cited as 1972 SCMR 582

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s):Salahuddin Ahmad, Hamoodur Rahman, Sajjad Ahmad Jan, Sheikh JUDGMENT Reported As: 1972 SCMR 582 Result: Appeal dismissed Judgment JUDGMENT SAIJAD AHMAD, J.-This appeal arises out of a habeas corpus petition, which was filed by the respondent, Ghulam Muhammad, against his detention by the order of the Government of Pakistan (appellant herein) dated the 2nd of June 1969, under section 3(1)(b) of the Security of Pakistan Act of 1952, for a period of two years with effect from the date of the execution of that order. Earlier, on the 19th of February 1969, the respondent was detained by the then Government of West Pakistan' under sec--tions 3(1) and 7 of the West Pakistan Maintenance of Public Order Ordinance, 1960, for a period of 3 months, which was extended to a further period of 6 months, expiring on the 16th of Novem--ber 1969. This order was, however, rescinded by the same Government on the 19th of June 1969. The High Court (Peshawar) accepted the habeas corpus peti--petition, and declared the respondent's detention as illegal and with: out lawful authority, on the ground that under section 6- A of the Security of Pakistan Act, the respondent could not be detained for a period exceeding three months, or where successive orders ate made on the same ground under clause (b) of subsection (2) of section 3 of the Act, for the period exceeding three months in the aggregate, unless a board; to which a reference shall be made by the…

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