21/05/2023
جسٹس امجد رفیق نے MPO کے تحت گرفتاری/نظربندی کو غیر قانونی قرار دیتے ہوئے حکم صادر کیا کہ قید رکھے گئے افراد کو 5000 روپے یومیہ (عرصہ قید)ہرجانہ ادا کیا جائے
Right to dignity is not subject to any qualification, restriction or regulation.
Although we had entered avowed in 21st century with pride and determination to provide shelter to masses against poverty, unemployment, injustice and other similar vices but we had formalized our life in a shadowy digital world to see everything with the lens of others; even the Media once acclaimed as the fair reporter has flown into the indigenous individualism being propagated by everyone who is holding a most dangerous weapon i.e., ‘android phone’ in their hands. The unpleasant and surprise events of 9th May, 2023 under the shadow of unbridled mob have defaced the peaceful and democratic image of this country; the responsible should be answerable but not in a way as resorted to by the government by putting lasso to each and every one of its choice without knowing his role in the riots. Riots are suppressed with force under the law as regulated u/s 127 to 132 of Cr.P.C. and not in the way adopted by the government to pick and detain the citizens under Maintenance of Public Order Ordinance, 1960 without registration of criminal cases. This move would be like and seems vindication of selected grievances: if this confrontation continues, where if this would end, lest it should erode our foundation, we must stand out to fight against this vandalism with sound short-term and long-term measures by involving the religious scholars, intellectuals, philosophers, scientists, politicians, bureaucrats, justice analyst, IT experts & programmers etc. to welcome the general masses to return to normalcy by identifying their role as the peacekeeper and builders of Pakistan. The initiative always moves from minority which leads the majority; of course in this case, it is only the government that would take initiative to realize the need for a solution and in this context of amelioration government is not expected to take revenge from their own public rather own them if feel they are derailed. Love and affection have no boundaries, nor it can be confined or subjugated; once it opens arms, it envelopes all ‘bad or good’ under the shadow, and it is the Divine Rule too. Allow the people to breath in liberty with dignity, give a go to their life flourish in peaceful assembly and freedom to move everywhere with equal rights by avoiding discrimination, make them informed about their rights to education, securing government service and acquisition of property with freedom of trade, business and profession so that they may become prosper, capable to speak with freedom, acquire social justice, play their role to model them into a Muslim society, enrich their culture, ensure protection of minorities, develop brotherhood with the people of their neigbour countries, being helpful to devise a strategic foreign policy so as to bring amity in the region countenanced with internal security and peace. It is not farsighted, once we raise the emblem high under unity, faith and discipline with efficiency, competency and honesty. Who would ring the bell, certainly not the one but we all in a line up with defined roles, should desist not to overlap and while exercising restraint promote harmony to one goal, i.e., Prosper Pakistan. Some elements if are considered as miscreants can be restricted through initiation of criminal process like registration of criminal cases.
The above discussion is concluded in the terms that the order impugned being bereft of any supportive material, as discussed in preceding paragraph No.2, is declared as passed in flagrant violation of section 3 of the Maintenance of Public Order Ordinance, 1960; therefore, it is hereby set aside while imposing cost of Rs.5000/- per day for a period of detention to be paid to the detenu who shall be released immediately.
Criminal Proceedings
32441/23
Abu Bakar Siddiq Bhutta Vs Government of Punjab etc
Mr. Justice Muhammad Amjad Rafiq
18-05-2023
2023 LHC 2661
