Law:

Section:

(a) West Pakistan Maintenance of Public Order Ordinance (XXXI of 1960), S. 3 read with Constitution of Pakistan (1962), Art. 6, Fundamental Right No. 2(4) [as inserted by Constitution (First Amendment) Act, 1963 (1 of 1964)]-Preventive detention-Embargo contained in Fundamental Right No. 2 (4), Art. 6 of Constitution Operative only in case of detention beyond period of 3 months-Con currence of appropriate Advisory Board not necessary where detention does not exceed 3 months-Satisfaction of Board to be in regard to preventive detention as well as in respect of time-limit-Initial order passed by authority for arrest and detention of person for period of "two months" only and case referred to Board during such period Board recording satisfaction about "detention of the detenu beyond period of two months"-Satisfaction expressed by Board, held, did not authorise detention of detenu for period exceeding 3 months from date of arrest-West Pakistan Maintenance of Public Order Ordinance (XXXI of 1960) [as amended by West Pakistan Maintenance of Public Order (Amendment) Ordinance (XLVII of 1962)], S. 5 (c) (i). Abdul Aziz v. Province of West Pakistan P L D 1958 S C (Pak.) 499 ref. Puranlal Lakhanpal v. Union of India A I R 1958 S C 163 not applicable. (b) West Pakistan Maintenance of Public Order Ordinance (XXXI of 1960), S. 3 Grounds of detention: (i) creating dissatisfac tion among armed forces and (ii) undermining friendly relations of Pakistan with foreign State-Outside purview of S. 3 inasmuch as Provincial Legislature not competent to legislate about such matters for which Central Legislature has exclusive power to make laws - Constitution of Pakistan (1962), Third Schedule, Item No. 34. (c) West Pakistan Maintenance of Public Order Ordinance (XXXI of 1960), S. 3-Association (Jamiat) found guilty of prejudicial activities-Mere membership of such association-No ground for detention under section. (d) West Pakistan Maintenance of Public Order Ordinance (XXXI of 1960), S. 3 (5) (al [as amended by West Pakistan Maintenance of Public Order (Amendment) Ordinance (XLVII of 1962)],-Officer (Home Secretary) dealing with case of detention on behalf of…