Law: West Pakistan Maintenance of Public Order Ordinance (XXXI of 1960)

Section: 3 (6)

(a) West Pakistan Maintenance of Public Order Ordinance (XXXI of 1960) S. 3 (6)-Preventive detention-Detention order narratory in character and not giving particulars or details, or any specific instance, of imputed conduct-Held, vague and such as could not enable detenu to make effective representation-Order quashed. Malik Sohrab v. Government of Pakistan etc. P L D 1973 Lah. 102 ref. (b) West Pakistan Maintenance of Public Order Ordinance (XXXI of 1960} S. 3(6)-Preventive detention-Grounds of detention comprising some unlawful and some lawful grounds-Lawful grounds cannot validate otherwise invalid detention order--Fact that one ground had been conveyed to detenu with more certainty, viz., hoarding by him of stock of rice illegally without accounting for same, held, would not remove defect. Dates of hearing : 12th May and 14th June 1974.                                                                                                                                       JUDGMENT Muhammad Afzal, hereinafter called the detenu, was detained by the learned District Magistrate, Rawalpindi, under an order passed by him on 28-5-1974, which reads as follows :- "ORDER UNDER SECTION 3 OF THE WEST PAKISTAN MAINTENANCE OF PUBLIC ORDER ORDINANCE, 1960 Whereas, I, Hassan Raza Pasha, District Magistrate, Rawalpindi, am satisfied that Muhammad Afzal son of Muhammad Sadiq, caste Sheikh, resident of Mohanpura, Proprietor, Sind Commission Shop, Ganj Mandi, Rawalpindi City is indulging in acts of smuggling which conduct of him is prejudicial to the maintenance of public order ; And whereas, with a view to preventing the said Muhammad Afzal from acting in a manner prejudicial to the public safety and maintenance of public order, it is necessary to detain him ; Now, therefore, in exercise of the powers conferred on me under section 3 of the West…