Case Details

Citation(s)
1963 SLG 3479 = 1963 SLD 3479 = 1963 PLD 853
Sindh High Court
Criminal Miscellaneous Application No. 530 of 1962, decided on 21st February, 1963.  
Presented By: Qadeeruddin Ahmad and H. T. Raymond, JJ  
Muhammad Hayat Junejo for Applicant.   Shah Jamil Alam for
Respondent.   Dates of hearing: 29th January and 5th February 1963.

ABDUL SAMAD-Petitioner  

VERSUS

  THE STATE-Respondent

Law:

Section:

  Security of Pakistan Act (XXXV of 1952), Ss. 3 (7-A), 6(2) & 6-A(2) read withPreventive Detention Laws Amendment Act (IV of 1962), S. 5-New detention of person already in custody on date of enforcement of Preventive Detention Laws Amendment Act, 1962 (i.e., 24-7-62)-Detention deemed to have commenced from 24-7-62-Information of grounds of new detention to be furnished to detenu within 15 days from 24-7-62 and authority of Board to be obtained for detaining him for longer period than two months reckoning from 24-7-62.   Security of Pakistan Act (XXXV of 1952), Ss. 6 & 3 Detention-Communication of grounds within 15 days and detenu not to be detained .for more than 2 months without authority of Board-Rights of detenu-Contravention not mere irregularity. JUDGMENT   QADEERUDDIN AHMED, J.-We have heard arguments on 29-1-63 and again after giving notice to counsel for the parties on 5-2-63.   The applicant has complained that he was arrested on the 15th of September 1961,and that his "existing detention in jail is illegal, because the grounds of his detention were not communicated to him within 15 days of the commencement of the detention and because it is without the authority of the Board.   The second ground was given up by Mr. Junejo when he was informed that the caseof the applicant was placed before the Board, and that the Board has on the 14th of September 1962, authorised the detention of the applicant "for more than two months."   The first ground taken by Mr. Junejo needs explanation. The applicant was originally arrested on the 15th of September 1961 and detained by the order of the Commissioner of Karachi. On the 9th of January 1962 the Government of Pakistan issued an order under section 3(1)(b) of the Security of Pakistan Act, 1952 for his detention for nine months from the 14th of January 1962. The grounds for this detention were communicated to him on the same day on which the order was issued. The period of this detention was to expire on the 13th of October 1962. Before its expiry the Preventive Detention Laws Amendment Act, 1962 came into force on the 24th of July 1962, and contained section 5…
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