Law: West Pakistan Maintenance of Public Order Ordinance, 1960

Section: 3(6)

(a) West Pakistan Maintenance of Public Order Ordinance (XXXI of 1960)  S. 3-Preventive detention-Non-service of order of detention on detenu-Does not by itself invalidate order of detention. The validity of an order of detention under section 3 of the West Pakistan Maintenance of Public Order Ordinance, 1960, was attacked on the ground that the order of detention passed by the detaining authority was not served upon the detenu and this fact invalidated the order of detention. Held : There is nothing expressly in subsection (1) of section 3 of the West Pakistan Maintenance of Public Order Ordinance, 1960 or anywhere else which requires that a copy of the order must necessarily be given to or served upon the detenu whenever the Ordinance requires that it shall be served upon the person affected it specifically provides for such service. For example subsection (6) of the same section requires the communication to the detenu of the grounds on which the order has been made. On the other hand section 9 provides that where any power is to be exercised or any order or direction given by order in writing how and to whom such order is to be addressed. The various clauses under it clearly do not contemplate the service of an order of detention upon the detenu. (b) West Pakistan Maintenance of Public Order Ordinance (XXXI of 1960)  S. 3(6), proviso -"Grounds" of detention-Do require disclosure of certain facts-Extent of facts to be disclosed and question as to what constitutes facts-Depend on circum stances of case. Where the contention was that in an order of detention it is not enough merely to state the grounds but also the facts upon which they are based. Held : It is no doubt not correct to say that the West Pakistan Maintenance of Public Order Ordinance, 1960 does not require the disclosure of any facts to the detenu ; what the extent of the facts to be disclosed is and what constitutes facts is of course a different question. The word 'grounds', means the basis upon which the detaining authority claims to be satisfied of the necessity of taking action under section 3. That it is necessary to prevent the detenu from acting-in a manner…