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P L D 2007 LAHORE 128

MAMOONA SAEED

V/S

GOVERNMENT OF PUNJAB THROUGH SECRETARY, HOME DEPARTMENT AND 2 OTHERS

Constitution of Pakistan (1973) Arts. 9 & 199- Article 9 of the Constitution provided that “No person shall be deprived of life or liberty save in accordance with law”. Article 10 of the Constitution enshrines that “No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest, nor shall be denied the right to consult and be defended by a legal practitioner of his choice.” Where a person detained is aggrieved of his act of detention that it was not justified in law, that person has the right to invoke the jurisdiction of the High Court immediately for restoration of his liberty, which is basic fundamental and birth right and where an order passed by an executive Authority detaining a particular person is challenged before the High Court in exercise of it extra ordinary constitutional jurisdiction, it would be by means of judicial review and it is not an appeal or revision. The right of a person to a petition for “habeas corpus” is a high prerogative right and is a constitutional remedy for all matters of illegal confinement. The impugned order detaining the detenu is a preventing order to prevent or restrain the detenu from the activities, which could prejudicial to the public safety and maintenance of public order in the province of Punjab (District Lahore) [p. 134] A.

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