Law: Security of Pakistan Act (XXXV of 1952)

Section: 3 (7), 6

P L D 1956 (W. P.) Karachi 301           Security of Pakistan Act (XXXV of 1952), S. 3 (7) -Earlier order for detention revoked for technical flaw and fresh order passed-Fresh order prima facie evidence of fact of satisfaction of detaining authority-Locus poenitentiae.   Where a former order of detention was revoked for a technical flaw and on the same date a fresh order was passed Held, that the fresh order prima facie was evidence of fact of satisfaction of the detaining authority that the person ordered against was about to act in a manner prejudicial to the security of State.   The fact of satisfaction is to be discovered from the relevant order, not from the affidavit filed on behalf of Government.   In cases of fresh detention orders, however, detenus should be afforded a locus paenitentiae.   Sibte Hasan v. Crown P L D 1954 Lah.142 ref.   Security of Pakistan Act (XXXV of 1952), S.6 Grounds for detention-Sufficiency of information for making a representation-Test.   The test for sufficiency of information communicated to the detenu, bearing on the grounds for his detention is that the information should be such as enables the detenu to make an effective representation against his detention and leaves no doubt as to what the accusation against him was.   Sibte Hasan v. Crown P L D 1954 Lah. 142 followed.     ORDER   INAMULLAH, J.---This is an application under section 491 Criminal P. C.   The facts, shortly put, leading to the present habeas corpus petition are these   An order of detention under the Security of Pakistan Act, 1952 was passed on 1st May 1954 ordering the detention of the petitioner under clause (b) of subsection (1) of section 3 of the Act. The petitioner, however, could not be arrested for a long time. The petitioner was arrested on 1st Septem ber 1954. While the petitioner was under detention; two orders were passed by the Chief Commissioner of Karachi on 2nd March 1955. By one order he revoked his former order of detention of 31st May 1954 under subsection 7 of section 3 of the Security of Pakistan Act, 1952, and by another order of the same date passed…