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Petitioner: KAMAL KHAN VS Respondent: GOVERNMENT OF SIND
1988 M L D 29
1988 M L D 29
[Karachi]
Before Saeeduzzaman Siddiqui and Mamoon Kazi, JJ
KAMAL KHAN Petitioner
Versus
GOVERNMENT OF SIND and 2 others Respondents
Constitutional Petition No. D‑1406 of 1987, heard on 3rd December 1987.
Criminal Procedure Code (V of 1898)‑‑
‑‑‑S. 144‑‑Constitution of Pakistan (1973), Art. 199‑‑Detention order, maintainability of‑‑Grounds of detention similar to grounds on which petitioner was detained were already considered and struck down as vague and without lawful authority by Division Bench of High Court in previously decided case‑ There being no distinction in case already decided and in present one, detention of petitioner in present case was held as without lawful authority by High Court in exercise of constitutional jurisdiction.
Ghulam Mustafa Memon for Petitioner.
A.A. Mohammad Ali, A.A.‑G. for Respondents.
Date of hearing: 3rd December 1987.
JUDGMENT
SAEEDUZZAMAN SIDDIQUI, J.‑‑In this Petition filed under Article 1 00 of the Constitution the detention of the dctenu Anwar Khan s/o Jamal Khan has been challenged. It is contended by the learned counsel for the Petitioner that the grounds of detention supplied alongwith the detention order are vague and, therefore, the detention of the detenu in pursuance of the impugned order is wholly without jurisdiction. The grounds on which the detenu has been ordered to be detained arc as follows:‑
(i) That he is an active member of PPI. 1n conspiracy with the other workers of PPI, he staged demonstration in order to disrupt the law and order situation.
(ii) That he spread discontentment in the public to create panic and hatred amongst the people.
(iii) That he arranged workers to attack and destroy public and private property and endanger human lives.
(iv) That he is involved in case F.I.R. No. 343/87 under section 13‑D, Arms Ordinance of Shah Faisal Colony P.S.
2. Similar grounds were considered in detail by a Division Bench of this Court in the case of Khadija Bi V. District Magistrate, Hyderabad (C.P. No. D 889/1987) decided on 17‑9‑1987 and were struck down as vague and without lawful authority. We are unable to rind any distinction in the case referred to above and in the present case and we accordingly hold the detention of the detenu as without lawful authority. The authorities are directed to release the detenu in this case forthwith unless he is required in some other case.
H.B.T./K‑56/K Petition accepted.