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

Section: 3

West Pakistan Maintenance of Public Order Ordinance (XXXI of 1960)----S. 3--"Preventive detention" and "punitive detention" Distinction-Order of preventive detention-When can be interfered with by Court-Mere circumstance that detention order followed release of detenu on bail in separate criminal case-Not sufficient to hold such order to be mala fide.   Preventive detention can properly be contrasted to punitive detention, one having reference to the apprehension of wrong doing and the other coming after the illegal act is actually committed. Preventive detention is justified by a reasonable probability of the commission of a prejudicial act by the suspected person whereas his conviction can only be justified by legal evidence. It is for the detaining authority to judge and put its own interpretation on the suspected prejudicial acts of an intended detenu for its own subjective satisfaction and it does not fall within the province of the Courts to probe into that satisfaction or to analyze the substance and quantum of the evidence on which that satisfaction is based. Courts will interfere only where (1) the grounds alleged for the detention are not relatable to the objects of the detention and the detention law and (2) where such detention on the part of the detaining authority is proved to be of a mala fide character.   The two actions, preventive and punitive, are not mutually exclusive and resort can be had to either or both, depending on the choice of the executive authority, with this limitation that the Courts will certainly interfere in aid of the accused person if it is found that the action is taken to deprive him of his legal rights and privileges arising from his trial under the punitive law by action under the preventive law, or when such action is manifestly malicious and mala fide.   The detenu was already in Jail in connection with a separate criminal case. On the date he was to be released on bail ordered by the High Court, the detenu was served with the detention order under section 3 of the West Pakistan Main tenance of Public Order Ordinance, 1960. It was urged that since the detention order followed the…