Case Details

Citation(s)
1980 SLG 1788 1980 SLD 1788 1980 PCRLJ 609
Sindh High Court
Constitutional Petition No. D-207 of 1979, 08/04/1979
ZAFAR HUSSAIN MIRZA AND I. MAHMUD, JJ

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Ali Ahmed

VS

Deputy Martial Law Administrator, Sector 2, Hyderabad And Another

Law:

Section:

Keywords: Public Safety, Apprehension, Distribution, Prejudicial, Ambit, Interference, Government, Maintenance, Public Meeting, Unlawful, Dispute, Omission, Petition, Petitioner, Consideration, Division, Province, Notice, Preventive Detention, Conditions, Copies, Production, Grounds, Order, Enquiry Officer, Validity, Instances, Prevention, Illegal, Administrator, Impugned Order, Information, Period, Patent, Minutes, Detention Result: Petition allowed JUDGMENT ZAFFAR HUSSAIN MIRZA, J.-This petition was allowed by us by a short order dated 1st April, 1979 for reasons to be recorded later on. Following are the reasons for the aforesaid decision. 2. By this petition the petitioner has challenged the detention of one Salahuddin son of Allah Warrayo Memon, an advocate of Hala who was ordered to be detained for three months by the Deputy Martial Law Administrator, Sector II, Hyderabad under M. L. O. No. 12 with effect from 2nd February, 1979. By order dated 13th February, 1979 this Court had called upon the Advocate-General to produce the record of this, case. On 25th March, 1979 Mr. Abbas Farooqui, learned counsel appearing for the respondents produced before us what appeared to be plain, unsigned and simple copies of the alleged material which was .Relied upon for passing the impugned order. Consequently a fresh direction was given by the Court for production of the original file as well as the minutes sheets. When the case came for final hearing on 1st April, 1979, learned counsel for the respondents placed before us the Memorandum of grounds of. Detention dated 24th February, 1979 as well as the minutes sheet. The summary of the allegations contained in the minutes sheet may be set out as under:- "1- According to the intelligence reports, placed for your perusal, it appears that Mr. Salahuddm son of Allah Warrayo is very active arid his activities are prejudicial to the purpose for which Martial Law has been proclaimed and maintenance of law and order. He was the main figure to organise reception procession, against the existing M. L. R. Which allows only limited political activities, when Miss Benazir Bhutto visited Hala on 15th February, 1978. He is also…
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