Law: Defence of Pakistan Ordinance, 1965

Section: 32(1),32(b),32(4)

Law: Constitution of Pakistan, 1962

Section: 98

(a) Defence of Pakistan Rules, 1965-----   -----r. 32 (1) (b), (4)-Order of detention made by Deputy Commissioner under r. 32 (1) (b)-Provincial Government can make order as to place of detention-Deputy Commissioner has no power to make/ order under r. 32 (4).   (b) Constitution of Pakistan (1962)-----   ----Art. 98-Order passed under r. 32 (1) (b), Defence of Pakistan Rules, 1965-Deputy Commissioner filing affidavit that petitioner was residing within his jurisdiction, when order passed by him-Affidavit not rebutted --Order of detention maintained.   (c) Defence of Pakistan Rules, 1965------   ----r. 208 read with r.- 32 (1) (b), (4)-Distinction between making of order of detention and execution of such order exists-Order- can be executed outside jurisdiction of Deputy Commissioner.     Date of hearing : 1st March 1966.    JUGDMENT   S. A. MAHMOOD, J.-By this writ petition under Article 98 (a) (b) (i) of the Constitution of Islamic Republic of Pakistan Malik Hamid Sarfraz impugns the validity of the order of detention made against Nawabzada Nasrullah Khan by the Deputy Commissioner of Lahore under rule 32 (1) (b) of Defence of Pakistan Rules on the 16th of February 1966, on the following grounds :-   That the order of the Deputy Commissioner couldnot have been executed at a place outside the District of Lahore.   That the detention of the detenu outside the Districtof Lahore on the basis of the order of the Deputy Commissioner, Lahore, is not permitted by law.   It is prayed in consequence that the detenu be directed to be produced before this Court and an appropriate order be passed in regard to him.   The Deputy Commissioner, Lahore, ordered his detention under rule 32 (1) (b) of the Defence of Pakistan Rules, exercisable by the Central Government and conferred on him, and directed his detention in the District Jail, Lahore. He was arrested on the following day from his village Khangarh in the District of Muzaffargarh. On the 16th of February 1966, the Provincial Government made an order under sub-rule (4) of rule 32 of the Defence of Pakistan Rules read with Government of Pakistan…