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(6)-Grounds of detention not communicated to detenu within reasonable time-Detention rendered illegal. In view of the fact that the detenu does not appear to have been served with the fresh order of detention 'or the grounds therefor, the matter falls within a very short compass. Under subsection (6) of section 3 of the West Pakistan Maintenance of Public Order Ordinance of 1960, the authority making an order of detention is under an obligation to communicate the grounds of detention to the detenu not later than fifteen days from the date of detention; and has to inform him that he is at liberty to make a repre sentation to the Government against the order of detention and has further to afford him an earliest opportunity to do so. There is ample authority for the proposition that if the grounds of detention are not communicated to the detenu within a reasonable time, the detention is rendered illegal. Muhammad Anwar v. Government of West Pakistan P L D 1963 Lah. 109 and Qazi Masud Gul v. Government of West Pakistan P L D 1969 Pesh. 50 ref. (b) West Pakistan Maintenance of Public Order Ordinance (XXXI of 1960) S. 3(6)-Mechanical delivery of detention order or grounds of deten tion to detenu-No evidence of compliance with rest of conditions mentioned in subsection (6) of S. 3-Object of law, held, not fulfilled Grounds have not only to be delivered to detenu but must also be communicated. (c) West Pakistan Maintenance of Public Order Ordinance (XXXI of 1960) S. 3(6)-Word "communicate"-Meaning. It is a question of fact in each case whether or not the grounds have been communicated to a detenu, the word `communicate' is quite compre hensive. It carries with it the meanings of imparting news or information. It also means intercourse which word would indicate impartation of informa tion etc. on one side and reception and understanding on the other. (d) West Pakistan Maintenance of Public Order Ordinance (XXXI of 1960) S. 3(6)-Onus-Burden of proof as to communication of grounds to detenu-Lies on State-Burden not discharged-Detention illegal. Dates of hearing : 31st January;…