| Citation(s) |
|---|
| 1965 SLG 4789 = 1965 SLD 4789 = 1965 PLD 514 |
Dacca High Court
Petitions Nos. 304 and 307 of 1964, decided on 26th August 1964.
Presented By:
H. H. Choudhry with S. R. Pal, H. h. Choudhry, M. M. Haq and Shamsul Haq Choudhry for Petitioner (in Petition No. 304). Mirza Md. Golam Hafez with M. M. Haq and Shamsul Haq Choudhry for Petitioner (in Petition No. 307). K. Hussain with S. M. Abbas for
Respondent No. 1.
Petitions Nos. 304 and 307 of 1964, decided on 26th August 1964.
Presented By:
H. H. Choudhry with S. R. Pal, H. h. Choudhry, M. M. Haq and Shamsul Haq Choudhry for Petitioner (in Petition No. 304). Mirza Md. Golam Hafez with M. M. Haq and Shamsul Haq Choudhry for Petitioner (in Petition No. 307). K. Hussain with S. M. Abbas for
Respondent No. 1.
Kazi MOHIUDDIN-Petitioner
VERSUS
GOVERNMENT OF EAST PAKISTAN AND OTHERS-Respondents
Law: Criminal Procedure Code (V of 1898)
Section: 491
Law: East Pakistan Public Safety Ordinance (LXXIII of 1958)
Section: 17,41
(a) Criminal Procedure Code (V of 1898), S. 491-Habeas corpus, petition for-Detention of person under preventive law by successive orders-Court to see whether last order of detention' legal or not-Valid order of detention in existence-Court cannot order detenu to be set at liberty simply because at some prior stage there had been no valid cause for detention-East Pakistan Public Safety Ordinance, 1958, Ss. 17 & 41. Arbab Muhammad Hasham Khan v. The Crown 6 D L R (F C) 1; Sardar Fazlul Karim v. Government of East Pakistan 8 D L R 700 and (1952) S C A 230 ref. (b) East Pakistan Public Safety Ordinance, 1958, Ss. 17 & 41 ---Cruel treatment and hours long protracted interrogation of detenu --Not warranted. Dates of hearing 7th, 10th, 11th, 12th and 13th August 1964. JUDGMENT BAQUER. J.---Petition No. 304 of 1964 and Petition No. 307 of 1964 under section 491 of the Code of Criminal Procedure relating to detenus Kazi Zafar Ahmed and Anisuzzaman respec tively are being disposed of together by this one judgment. The petition in No. 304 of 1964 is directed against the order dated the 15th June 1964, passed under section 17 (1) (a) of the East Pakistan Public Safety 'Ordinance 1958, as amended by East Pakistan Act VI of 1962. The petition in No. 307 of 1964 is directed against the order dated the 21st May 1964 passed under section 17 (1) (a) of the East Pakistan Public Safety Ordinance, 1958, as amended by Act VI of 1962. The allegations in Petition No. 304, in substance, are to the effect that on 28-5-64 detenue Kazi Zafar Ahmed appeared before the Court of the Sub-Divisional Magistrate, Dacca, in a criminal case under section 151 of the Code of Criminal Procedure and while he was returning home after attending the Court, he was arrested without warrant in the Court compound by two plain dressed police constables at about. 5 p. m. on 28-5-64. Kazi Zafar Ahmed having asked the arresting police as to whether there was any warrant of arrest against him, he was simply told that he was under arrest under section 41 (1) of the East Pakistan Public Safety Ordinance, 1958…