Law: Defence of Pakistan Rules, 1971

Section: 32

  Defence of Pakistan Rules, 1971-   -- R. 32-Detention-Alleged provocative speech attributed to detenu delivered 2 months prior to being pressed into service for passing impugned order of detention-Authorities although having immediate information of what allegedly stated by detenu yet no action taken against him-A fair assumption, held, could be drawn of such speech having been considered innocuous or at least not resulting in any prejudicial activities-Such speech, held further, could not be made sub ject-matter of an order of detention, in circumstances.-[Preventive detention].   Defence of Pakistan Rules, 1971-   -- R. 32-Detention-Objectionable processions and meetings allegedly instigated by detenu but nothing to show detenu having any concern with the M-Allegation of d tente s giving monetary support for arranging processions or meetings even not supported by prosecution witnesses-Processions and meetings allegedly instigated by detenu not shown to be activities not permitted by law- -Speeches and slogans raised at meetings and processions purely political and within bounds of law-Detaining Authority, held, displayed an undue anxiety in implicating detenu somehow or other-Impugned order set aside, in circumstances.-[Preventive detention].   JUDGMENT   FAKHRUDDIN G. EBRAHIM, T.-These are three Constitutional Petitions challenging the orders of detention made against .the detains (1) Mir Muhammad Wassan, (2) Shabbir Ahmed Rajput, and (3) Muhammad Bachal Leghari on grounds which are substantially related. The detaining authority, the Deputy Commissioner, Sanghar, the respondent No. 1 herein, was examined in all these cases and his evidence was, by consent of the parties' counsels, agreed to be read as evidence in all these cases. At the conclusion of the arguments on 27-2-1973 we by an oral order, allowed these petitions and directed that the detenu in each case be set at liberty unless held under the provisions of some other valid warrant for reasons to be recorded. My reasons are as follows :   Mir Muhammad Wassan the detenu in Constitutional Petition No. 13 of 1973 wasarrested on .26th December 1972 under an order…