Law: Defence of Pakistan Rules, 1971

Section: r. 32

(a) Defence of Pakistan Rules, 1971, r. 32---Detention order in effect nothing but a continuation of an earlier illegal detention---Such detention order, in circumstances, held to be without lawful autho rity. Begun; Sardar Muhammad Hayat Khan of Tamman v. Govern ment of West Pakistan and another P L D 1969 Lah. 985; The Government of East Pakistan v. Mrs. Rowshin Bijaya Shaukat All Khan P L D 1966 S CJ 286; Basanta Chandra Ghose v. Emperor A I R 1945 F C 18 and Naranjan Singh Nathawan and others v. State of Punjab A I R 1952 S C 106 ref. (b) Defence of Pakistan Rules, 1971, r. 32---Preventive detention order-Cannot be passed merely for purpose of enabling investigation of offences already allegedly committed. An order of preventive detention under rule 32 of the Defence of Pakistan Rules can be passed when the Central Government is satisfied with respect to any particular person that with a view to prevent him from acting in a manner prejudi cial to the security, the public safety or interest or the defence of Pakistan, the maintenance of public order, Pakistan's relations with any other powers, the maintenance of peaceful conditions in any part of Pakistan, the maintenance of essential supplies and services or the efficient conduct of military opera tion or prosecution of war, it is necessary to detain him. However, where the order is passed merely for the purpose of enabling investigation of the offences already allegedly com mitted, the order is illegal. If either the police or the Government desire the Investiga tion into any offence, whether under the Penal Code or under any other law then they are bound to conduct their enquiry in accordance with the provisions of the Criminal Procedure Code. They cannot call in aid their powers of detention and under the guise of exercising these powers conduct a secret investigation into a crime. S. Dilbagh Singh v. Emperor A I R 1944 Lah. 373 and Yeshwani Deshpande v. Emperor A I R 1945 Nag. 8 ref. Date of hearing: 16th February 1973.                                                    …