Law: Defence of Pakistan Ordinance, 1965

Section: 32

Defence of Pakistan Rules, 1965, r. 32-Detenu allegedly involved in solitary case of smuggling but released-Nothing on record to prove that he was concerned in smuggling or any other objectionable activity-Detention order, in circumstances, held, without lawful authority and of no legal effect. According to police records the detenu (petitioner) alongwith four other persons, was concerned in one solitary case of smuggling ; but was released presumably because there was nothing against him. Since then there was nothing to show that he was concerned in smuggling or any other objectionable activity. In the affidavit filed by the Deputy Commissioner (detaining authority) besides a general statement, that the detenu had been indulging in activities which were pre judicial to the public safety and maintenance of essential supplies and services in the country, it was stated that the detenu was a veteran smuggler. The Affidavit, however, did not show that any action was taken against the other four alleged smugglers mentioned in police record : Held, in the circumstances, the petitioner's assertion that he has been detained for an ulterior purpose is not without any substance and there is no justification for putting him in detention under Defence of Pakistan Rules, 1965. The detention order under rule 32, Defence of Pakistan Rules, 1965, in the circumstances, had been made without any lawful authority and -was of no legal effect. Dates of hearing : 8th and 27th February 1968. JUDGMENT SALAHUDDIN AHMED, J.----This Rule nisi is directed against an .order purported to have been passed under Rule 32 of the Defence of Pakistan Rules, 1965 dated 10th May 1967 as per Annexure 'A' .detaining the petitioner's brother Mohabbat Hossain Jamadar until further orders. The detenu, aged about 35 years, is a farmer by occupation, and owns about 8 bighas of land In addition he obtained 200 bighas of Char land of Mouza Udainagar by settlement from the Tahshildar's Office in February/March 1967 and cultivated the lands along with his brother the petitioner. It has been asserted -that the detenu never took part in any political activity, and was never convicted in any…