Case Details

Citation(s)
1979 SLG 301 1979 SLD 301 1979 PLD 680
Sindh High Court
Constitutional Petitions Nos. D 231 to D 233 of 1979, decided on 14th March 1979. Date of hearing: 14th March 1979.
Z. A. CHANNA AND MUSHTAK ALI KAZI, JJ
Ghulam Rasool Unar for Petitioner. Ghulam Ali H. Agha for A. G. (Sind) for
Respondents.

AKHTAR er

VS

DEPUTY Mar courtTIAL LAW ADMINISTRATOR, SECTOR No. 2, HYDERABAD AND ANOTMR --Respondents

Law:

Section:

Martial Law Order, 1977 [C. M. L. A: s] No. 12 read with Constitution of Pakistan (1973), Arts. 199 & 260, Federal List. Art. l and Concurrent List, Art. 14 Preventive detention "Security of Pakistan" Acts prejudicial to Nothing in grounds of detention or in material furnished before Court even remotely connected with constituents of security of Pakistan Resolutions passed in political meeting not suggesting detenus'. intention to create a law and order situation or that law and order situation likely to arise Mere boycotting of classes by students cannot bring a student within pur¬view of M. L. O. 12 nor can his actions be construed as prejudicial to security of Pakistan, public safety or efficient conduct of Martial Law Detaining authority not found to have. applied its mind to question whether activities of detenus likely to endanger security of Pakistan or prejudice public security or efficient conduct of Martial Law Grounds of detention supplied to detenus beyond prescribed period of 20 days thus denying right to detenus to make represen¬tation against their detention Held, such orders of detention not in accordance with law and, therefore, quashed. [Preventive detention]. Begum Nusrat Bhutto v. Chief of Army 'Staff P L D 1977 S C 657 and Mumtaz Ali Bhutto v. Deputy Martial Law Administrator, Sector 1, Karachi P L D 1979 Kar. 307ref. JUDGMENT Z. A. CHANNA, J. These 3 constitutional petitions seek to assail 3 identical orders passed by the respondent No. 1 under M. L. O. 12, whereby the detenus, Abdullah Khan Waryah, Abdul Razzak Soomro and Shabnawaz Babar, have been ordered to be detained in Jail. Detenu Abdullah Khan Waryah, Abdul Razzak Soomro and Shahnawaz Babar, have been ordered to be detained in Jail. Detenu Abdullah Khan Waryah is stated to be a Zamindar and President of P. P. P. City of Tando Adam; detenu Abdul Razzak is stated to be the General Secretary of the P. P. P., Tando Adam City, and also organizer of some Hari and Labour Organizations and a Social Worker, while detenu Shahnawaz Babar is said to be a student studying in the B. A. Class. 2. Detenus Abdullah Waryah and Shahnawaz Babar were arrested on 2~2 1979, while detenu Abdul Razzak…
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