Law: Constitution of Pakistan

Section: 201

  Constitution of Pakistan (1972) Art. 201-Preventive detention Petition against order of detention passed by Provincial Government under preventive law--Pending petition order of detention cancelled and detenus released by Provincial Government but at same time Central Government 6y fresh order detaining detenu-Amendment of petition sought so as to include among other things impleading of Central Government as well as other facts-Held, after release of detenu under previous order the circumstances of case did not justify adjudication upon validity of detention no longer subsisting-Petition for amendment as well as main petition dismissed. Date of hearing: 26th October 1972. ORDER TUFAIL ALI A. RAHMAN, C. J.-In these two cases we have before us applications for amendment of the main petitions which question the legality of the detention of the detenus, These applications arise in the following circumstances. 2. In each of these two cases the detenu was arrested and detained under an order of the Government of Sind purported to be made under the Defence of Pakistan Rules. In each case considerable arguments had taken place and the only witness sought to be examined, namely, the then Home Secretary, had been examined, cross-examined and re-examined. Virtually all that remained to be done in these cases was a reply by the Advocate-General except of course for the fact that thereafter we would have given judgment. In the meantime upon the 17th of October 1972, both the detenus were released because by an order of that date the Government of Sind cancelled their previous order. However, by an order dated one day earlier the Central Government had issued a fresh order in each case directing the detention of the detenus for three months more. In these circumstances Mr. Fazeel, learned counsel who appears for both the detenus has prayed that the petition be amended so as, among other things, to implead the Central Government and to add the facts which I have mentioned and certain grounds. 3. The question before us is whether in these circumstances it is necessary for the detenus to make a fresh petition if they seek to challenge the legality of their detention or…