Law:

Section: 5(1)(c)

Sindh Maintenance of Public Order Ordinance (XXXI of 1960) S. 5 (1) (c) -Externment, legality of-Detenu an ordinary resi dent of Province of Sind-No order for removal of detenu from and prohibiting his re-entry into entire area comprised in Province of Sind, held, could be passed-Order, held further, patently passed without lawful authority and of no effect. Date of hearing: 16thDecember, 1980.                                                                                                          JUDGMENT ZAFFAR HUSSAIN MIRZA. J.---This petition calls in question an order dated 7th,. February, 1979 passed by the Government of Sind under section 5, subsection (1), clause (c) of the Sind Maintenance of Public Ordinance, 1960, whereby the detenu Omer Hayat Niazi was, directed "not to return to the Province of Sind till further orders." 2. The facts leading to the impugned order of externment briefly stated are, that the petitioner claims to be a prominent labour leader, who was a member of the Labour Organisation and an active participant in the labour union activities. On 12th March, 1978, the Government of Sind had passed an externment order against the petitioner under the Sind Maintenance of Public Order Ordinance, 1960, directing him to remove himself from the Province of Sind. The detenu challenged the legality of the said order before the High Court of Sind in Constitutional Petition No. 1085/ 1978, which was allowed by judgment dated 28th November, 1978. It is the case of the petitioner that during the pendency of the said Constitutional Petition, the detenu had removed himself from the province of Sind and had taken up temporary residence at Sub-Chowki in the 'Province of Baluchistan, Subsequently, however, the District Magistrate, Lasbella District of Baluchistan, on 10th March, 1979 passed an order of externment against the detenu from the District of Lasbella. The aforesaid…