Case Details

Citation(s)
2005 SLG 1919 2005 SLD 1919 2005 PLD 538
Sindh High Court
Constitutional Petition No. D-705 of 2005, decided on 24th June, 2005, DATE of hearing: 24th June, 2005
MUHAMMAD MUJEEBULLAH SIDDIQUI AND MAQBOOL BAQAR, JJ
Shahadat Awan for Petitioner. Ahmed Pirzada, A.A.G. along with Muhammad Khajid Khan, Section Officer, Home Department, Abdul Ghafoor, PDSP and Inspector Muhammad Khalid SDI Investigation Mithi for
Respondent.

ARBAB AKBAR ADIL

VS

GOVERNMENT OF Sindh court through Home Secretary, Government of Sindh court, Karachi

Law:

Section:

(a) West Pakistan Maintenance of Public Order Ordinance (XXXI of 1960)--- ----S. 3---Preventive detention order---Requisites---Court must be satisfied that the material before the Detaining Authority was such that a reasonable person would be satisfied as to the necessity for making the order of preventive detention---Such satisfaction should be established with regard to each of the grounds of detention and if one of the grounds is shown to be bad, non-existent or irrelevant the whole order of detention would be rendered invalid---Initial burden lies on the Detaining Authority to show the legality of the preventive detention---Detaining Authority must place the whole material upon which the detention order is based, before the Court notwithstanding its claim of privilege with respect to any document, the validity of.which claim shall be within the competence of the Court to decide---Order of detention must be made by the Authority prescribed in the law relating to preventive detention---Each of the requirements of the law relating to preventive detention should be strictly complied with---Satisfaction must in fact exist with regard to the necessity of preventive detention of the detenu---Grounds of detention should have been furnished within the period prescribed by law, and if no such period is prescribed then as soon as may be---Grounds of detention should not be vague and indefinite and should be comprehensive enough to enable the detenu to make representation against his detention to the Authority prescribed by law---Grounds of detention should be within the scope of the law relating to preventive detention, i.e., the same should not be irrelevant to the aim and object of the law and the detention should not be for extraneous considerations or for purposes which may be attacked on the ground of malice. Liaqat Ali v. Government of Sindh through Secretary, Home Department and another PLD 1973 Kar. 78 ref. (b) West Pakistan Maintenance of Public Order Ordinance (XXXI of 1960)--- ----S. 3---Preventive detention order must contain necessary particulars and details---Entire details although need not be necessarily given in the grounds contained in the detention…
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