Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: Mrs. FAHMIDA BAJWA VS Respondent: GOVERNMENT OF SIND through Home Secretary, KarachiHonorable Justice Ajmal MianMohammad Faridul Haq and Munawar Ali Bhatti,Abdul Rahim Kazi
1988 M L D 56
1988 M L D 56
[Karachi]
Before Ajmal Mian and Ahmed Ali U. Qureshi, JJ
Mrs. FAHMIDA BAJWA--Petitioner
Versus
GOVERNMENT OF SIND through Home Secretary, Karachi and another Respondents
Constitutional Petition No. D-213 of 1988, decided on 28th March, 1988.
West Pakistan Maintenance of Public Order Ordinance (XXXI of 1960)
---S. 3(1)--Order of detention--Grounds of detention apparently vague and lacking material particulars as to times, dates, places and details of incidents--Order of detention set aside and detenu ordered to be released in circumstances.
Mohammad Faridul Haq and Munawar Ali Bhatti for Petitioner. Abdul Rahim Kazi.A.A.-G. for Respondents.
Date of hearing: 28th March, 1988.
JUDGMENT
AJMAL MIAN, J.--This petition is directed against the :.:rd. r dated 3-3 1988 passed by the respondent No. 2 for detaining one Abdul Waheed Bajwa (hereinafter referred to as Detenu) under section 3(1) MPO-1960 Lead with Government Notification No. IX(1)-SCJ/78 dated 15-6-1978 for a period of 30 days on the grounds annexed to the above order which read as follows:-
"Subject:- Grounds of Detention.
You are hereby informed that your detention under M.P.O. is on the following grounds:-
(1) That you are worker of PPI, and conspire with the other workers of PPI to stage a demonstration in order to disrupt the law and order situation.
(2) That you spread the discontentment in the public to create panic and hatred amongst the people.
(3) That you arranged the workers to attack the public and private property and lives:"
2. The petitioner being the wife; of the detenu has fiied the above petition.
3. Mr. Mohammad Faridul Haq learned counsel assisted by Mr. Munawar Ali Bhatti, Advocate has vehemently urged that the grounds are vague and they lack material particulars i.e. dates, places, times and details of the incidents.
4. Mr. Abdul Rahim Kazi learned A.A.-G. has candidly submitted that the only material available with him is in the form of two F.I.Rs. namely FIR No. 129/88 lodged on 28-2-1988 with the. Shah Faisal Colony Police Station under sections 147, '48, 149, 307, 435, 436, 353, 427 and section 14 of the (Enforcement of Hudood) Ordinance, 1979 and F.1.R. No. 132/1988 lodged on 1-3-1988 at the above Police Station under sections 147, 148, 1-i9, 435, 307 and section 14 of the (Enforcement of Hudood) Ordinance, 1979. However, he concedes that the name of the detenu in question does not figure in the above two F.I.Rs.
Since the grounds of detention reproduced herein above are apparently vague and lack the material particulars as to the times, dates, places and details of the incidents, we would allow the above petition and order the release of the detenu forthwith unless he is required in some other case.
S.A./F.69/K. Detenu released.