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Petitioner: MUHAMMAD RAFIQ VS Respondent: GOVERNMENT OF SINDHonorable Justice SAEEDUZZAMAN SIDDIQUIMohammad Faridul Haq,A.A. Mohammadally
1988 M L D 34
1988 M L D 34
[Karachi]
Before Saeeduzzaman Siddiqui arid Mamoon Kazi, JJ
MUHAMMAD RAFIQ--Petitioner
Versus
GOVERNMENT OF SIND and another Respondents
Constitutional Petition No. D-1529 of 1987, decided on 26th November 1987.
West Pakistan Maintenance of Public Order Ordinance (XXXI of 1960)--
---S. 3 (1)--Detention--Detenu held upon grounds, that he was in habit of creating ethnic riots and that eight criminal cases were registered against him under different sections of Penal Code and Criminal Procedure Code--Allegations against detenu absolutely vague and no nexus existing between allegations and criminal cases registered against him--Detention on said grounds, held, was without lawful authority in circumstances.
Mohammad Faridul Haq for Petitioner.
A.A. Mohammadally, Addl.A.-G. for Respondents.
Date of hearing: 26th November, 1987.
JUDGMENT
SAEEDUZZAMAN SIDDIQUI, J.--This petition under Article 199 of the Constitution is filed by the brother of the detenu Ch. Abid son of Nooruddin, who is detained under section 3(1) of the M.P.O. learned counsel for the petitioner contends that the grounds supplied to the dctenu in support of his , detention are not only vague but they have no nexus with the cases which are mentioned in the grounds as having been registered against the detenu. The grounds of detention supplied to the detcnu are as follows:-
"(i) That he is in the habit of creating ethnic riots, in order to disturb the law and order situation as would appear from the following cases registered against him.
(1) FIR No. 23/74 under section 188 P.P.C.
(2) FIR No. 156/80 under sections 147, 148, 307, P.P.C.
(3) FIR No. 31/83 under sections 147, 148, 427, P.P.C. _
(4) FIR No. 2/84 under sections 147; 148,-506, 323, P.P.C.
(5) FIR No. 11/86 under sections 147, 148, 5(16, 323, P.P.C.
(6) FIR No. 13/84 under section 217, MLO.
(7) FIR No. 14/84 under section 506, P.P.C.
(8) FIR No. 10/87 under section 151/107/117, Cr. P.C.
(ii) That his remaining at large is hazardous to the maintenance of public order."
From reading of ground No. 1 it is quite clear that the detenu was allegedly found in the habit of creating ethnic riots in order to disturb the law and order situation and in arriving at this conclusion 8 criminal cases registered against him from 1974 upto 1987 are referred by the detaining authority. Out of these 8 cases registered against the detenu one was registered in 1974 under section 188 P.P.C, one in 1980 under sections 148, 307, P.P.C, one in 1983 under sections 147, 148, 427, P.P.C, three in 1984 under sections 147, 148, 323, P.P.C, 217 M.L.O. and 500, P.P.C, one in 1986 under sections 147, 148, 323 and 506, P.P.C and one in 1987 under sections 151/107/117, Cr.P.C. Besides the fact that the allegation against the detenu that he is in the habit of creating ethnic riot is absolutely vague in nature. The learned A.A.-G. is unable to point out any nexus between the above allegation against the detenu and the 8 criminal cases registered against him under different sections of P.P.C and Cr.P.C. We accordingly hold lie detention of the detenu on the above ground as without lawful authority. The Authorities are directed to release the detenu forthwith unless he is required by them in some other case.
M.Y.H/M-356/K. Petition accepted.