Law: Criminal Procedure Code (V of 1898)

Section: 491

Law: Punjab Public Safety Act, (XVIII of 1949)

Section: 3(2),4(b)

(a) Punjab Public Safety Act (XVIII of 1949) as amended by Act (IX of 1951), S. 3 (2)-Arrest cannot precede reference to Government-Reference not made-Arrest illegal. The arrest and detention of a person cannot precede a reference to the Government, but must be made simultaneous­ly with or after the making of the reference to the Government and before the receipt of its order on the reference. Where no reference was made to the Government prior to the order of arrest and detention, the arrest and deten­tion by the District Magistrate was illegal. (b) Punjab Public Safety Act (XVIII of 1949) as amended by Act (IX of 1951), S. 4 (b)-Order of Government extending illegal order of District Magistrate-Bad in law. Where the District Magistrate's order of detention was illegal because he had not made a reference to Govern­ment under section 3 (2) of the Act, an order by Government extending the illegal order of detention passed by the District Magistrate was held to be bad in law. Arbab Muhammad Hasham Khan v. Crown P L D 1954 Federal Court 1 rel. ORDER ABDUL AZIZ KHAN, J.-The District Magistrate, Sargodha, ordered on the 12th of January 1954 the arrest and detention of Hakim Sharif-ud-Din (detenu) under section 3 (2) of the Punjab Public Safety Act. Hakim Sharif-ud-Din was actually arrested on the 17th of January 1954. The District Magistrate sent a report to the Government under section 3 (2) of the Acton the 19th of January 1954. The Government by its order dated 25th January 1954 extended the period of deten­tion up till 16th June 1954 under section 3 (4) (b) of the Act. Hakim Sharif-ud-Din has come up to this Court under section 491 Criminal Procedure Code. It is contended on behalf of him that the District Magistrate ordered his arrest and detention without a reference to the Government under section 3 (2) of the Act and, therefore, his arrest and deten­tion is illegal. The learned Assistant Advocate-General urged that a reference had been made. In support of his contention, he relied on the order which may be reproduced for the sake of convenience :- "Whereas, I Bashir Ahmad Khan Tarar, District Magis­trate, Sargodha, am satisfied that with a view to preventing…

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