Law:

Section:

Keywords: Defence, Petitioner, Constitution Of Pakistan, Constitutional Petition, Public Safety, Place, Division, Preventive Detention, Order, Petition, Maintenance, Provisions, Compliance, Costs, Satisfaction, Orders, Information, Stipulated Time, Constitution, Rebuttal, Government, Detention, Proceeds, Prejudicial, Recording, Public Order, Grounds, Contravention, Disposed Of, Unlawful, Commission Result: Petition allowed JUDGMENT ABDUL HAYEE KURESHI, J. Initially a petition was filed by petitioner Fazal Ellahi, challenging the detention of one Mohammad Ayub son of Mohammad Tufail under orders of the Government of Sind in the Home Department dated 14-6-1975. It appears from annexure 'A' to the petition that the order proceeded on recording of a satisfaction by the Government that the detenu Mohammad Ayub had been indulging in smuggling of narcotics and had a network of currency racket with sources and contacts in foreign countries ; and such allegations, in view of the Government, amounted to acting in a manner prejudicial to public safety and maintenance of public Order. This initial order was challenged by way of a Constitutional petition under Article 199 of the Constitution of Pakistan. Thereafter, the detenu by an order dated 21-10-1975 was granted bail by a Division Bench of this Court, constituted by our Lord the Chief Justice and our learned brother Naimuddin, J. It appears that security was furnished so that the detenu was entitled to be released on bail. Immediately on his release the detenu was served with another order purporting to have been passed in pursuance of the provisions of Rule 32(d) and (f) read with Rule 213 of the Defence of Pakistan Rules. We would at this stage state that the earlier order passed by the Division Bench for grant of bail proceeded of an admission by the learned State Counsel appearing in the case to the effect that the grounds of detention in regard to the initial order of detention were supplied to the detenu far later than the time prescribed therefore under Article 10(5) of the Constitution. 2. After the order under Rule 32(d) and (f) was passed and served on the detenu the petition was amended. It will be of…

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