LHC sets aside Sialkot resident’s 3-MPO detention after DC withdraws order

Asad Kharal
4 Min Read

Summary

  •   LAHORE: The Lahore High Court has disposed of a petition challenging the detention of Sialkot resident Mubashar Maqsood Awan under the Punjab Maintenance of Public Order Ordinance, 1960, after Deputy Commissioner Sialkot Awais Mushtaq withdrew the detention notification and tendered an unconditional apology before the court.
  • On the basis of the police request and the relevant administrative provisions, the Deputy Commissioner exercised powers under Section 3(1) of the Punjab Maintenance of Public Order Ordinance, 1960, read with a Home Department notification dated July 20, 2017.
  • The court also questioned whether the Deputy Commissioner had independently examined the material placed before him before exercising powers under the Punjab Maintenance of Public Order Ordinance.
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LAHORE: The Lahore High Court has disposed of a petition challenging the detention of Sialkot resident Mubashar Maqsood Awan under the Punjab Maintenance of Public Order Ordinance, 1960, after Deputy Commissioner Sialkot Awais Mushtaq withdrew the detention notification and tendered an unconditional apology before the court.

According to an order obtained by Minute Mirror, the Deputy Commissioner’s Office, through notification No. HC/351 dated September 11, 2026, had ordered the detention of Mubashar Awan for a period of 14 days.

The detention order was issued on the recommendation of the District Police Officer Sialkot through letter No. 27789-B, also dated September 11, 2026. The police report alleged that Awan’s activities were prejudicial to public safety and the maintenance of public order.

The report further alleged that he was inciting members of the public against the government through public gatherings and social media activity and that his alleged actions could affect national integrity and create a law-and-order situation.

On the basis of the police request and the relevant administrative provisions, the Deputy Commissioner exercised powers under Section 3(1) of the Punjab Maintenance of Public Order Ordinance, 1960, read with a Home Department notification dated July 20, 2017.

The order directed that Awan be detained in District Jail Sialkot for 14 days from the date of his admission to the jail.

Awan subsequently challenged the detention before the Lahore High Court through a petition. He was represented before the court by Advocate Abuzar Salman Khan Niazi.

During the proceedings, the court directed Deputy Commissioner Awais Mushtaq to appear in person before Justice Sardar Akbar Ali Dogar and explain the circumstances in which the detention order had been issued.

During the hearing, Justice Dogar questioned the legal basis and procedure followed by the district administration while issuing the detention notification.

The court also questioned whether the Deputy Commissioner had independently examined the material placed before him before exercising powers under the Punjab Maintenance of Public Order Ordinance.

In response, the Deputy Commissioner stated that the notification had been issued in light of a report submitted by the District Intelligence Committee.

The court questioned whether the administration had independently applied its mind to the available material instead of relying solely on the information provided by police and intelligence authorities.

During the proceedings, the Deputy Commissioner tendered an unconditional apology before the court and withdrew the detention notification.

The court was also informed that instructions had been issued to the Superintendent of District Jail Sialkot for Awan’s immediate release.

Following the statement of the Deputy Commissioner and withdrawal of the detention order, the Lahore High Court disposed of the petition.

The proceedings resulted in the withdrawal of the 14-day detention order, bringing an end to the detention of Mubashar Awan under the challenged notification.

The case also highlighted the requirement for district authorities to follow the prescribed legal procedure and independently consider the material before exercising preventive-detention powers under the Punjab Maintenance of Public Order Ordinance.

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