Law: Constitution of Pakistan 1973

Section: 10(4), 199

Law: Defence of Pakistan Rules, 1971

Section: r. 32(1)(b)

(a) Constitution of Pakistan (1973) Arts. 10(4) & 199 and Defence of Pakistan Rules, 1971, r. 32(1)(b) Preventive detention-Order requiring detenu to be taken into custody and lodged in jail for period of 30 days and meanwhile case referred to Review Board under Art. 10(4) of Constitution-Order impugned in writ petition as being mala fide-Preliminary objection by State to maintainability of petition on ground that case of detenu already referred and under consideration by Review Board under Art. 10(4 and hence High Court had no jurisdiction to entertain petition in view of powers exercisable under Art. 199 being "subject to the Constitu tion"-Held: Art. 10(4) does not oblige detaining authority to refer case of detenu detained for period of 30 days only; reference by Government to Review Board was gratuitous in circumstance and consequently there was no bar to maintainability of writ petition. There is nothing in Art. 10(4) of the Constitution of Pakistan (1973) to oblige a detaining authority to refer the case of a detenu to Review Board in which he has been detained for a period of thirty days. On the contrary, the Jurisdiction of Review Board would appear to be attracted only in that case in which a person has been detained for more than one month or else the original order of his detention is desired to be continued beyond that period. Obviously, therefore, reference to Review Board in this case, is which the detenu had been detained only for 30 days, seemed to have been made by the Government entirely gratuitously. And consequently, there would be no bar in the way of the Court to entertain the petition. More so, when under sub-clause (1) of clause 1 of Article 199 of the Constitution, the High Court would be obliged to direct that person in custody should be brought before it with a view to satisfy itself that he had not been detained without lawful authority or in an unlawful manner. (b) Defence of Pakistan Rules, 1971 R. 32(1)(6)-Preventive detention-Objectionable speeches delivered with a view to tarnish the image of Government established by law-All speeches objected to by Government must be read as a whole-Isolated sentences from here…