Law: N.W.F.P. Public Safety Act, (XXI of 1948)

Section: 3

Law: Constitution of Pakistan, 1973

Section: 7(5)

(a) N.-W. F. P. Public Safety Act (XXI of 1948)----- ----S. 3 ----Detention prima facie bad in law-Detenu may be released on bail pending hearing of habeas corpus petition-Communication of grounds of detention after 16 days : grounds not giving sufficient details-Non-compliance with Art. 7 (5), Constitution of Pakistan. Where the grounds of detention under section 3 N.-W. F. P. Public Safety Act (XXI of 1948) were not set out in sufficient details and the grounds were communicated to the detenu 16 days after the detention order, there was no compliance with Article 7 (5) of the Constitution ; the order of detention being prima facie bad, the detenu was released on bail by the High Court pending hearing of the habeas corpus petition preferred by the detenu against his detention. (b) N.-W. F. P. Public Safety Act (XXI of 1948)---- -----S. 3 -Order of detention without any record of "satisfaction" of authority concerned-Void ab initio-No rational basis for "satisfaction" of Government-Order illegal. Where, there is no record of satisfaction of the detain­ing authority, the order of detention is ab initio void. Where the allegedly prejudicial acts had been complained of by local authorities before, and Government had not thought much of them, and while the immediate cause of detention was something else, Government communicated to the detenu the aforesaid acts as the grounds on which action had been taken: Held, that there was no rational basis for the "satisfaction" of Government and the order of detention was illegal. State of Bombay v. Atma Ram A I R 1951 S C 157 at 160 ref. (c) Constitution of Pakistan, Art. 7 (5)---- -----Order of detention for one month passed by District Magistrate under section 3, N.-W. F. P. Public Safety Act (XXI of 1948)-Grounds not communicated to detenu-Order illegal--Extension of such a detention by Provincial Government also illegal. Held that the constitutional guarantees contained in Cl. (5) of Article 7 would be violated if the District Magis­trate omitted to communicate the grounds on which his order of detention under section 3, N.-W. F. P. Public Safety Act (XXI of 1948) was based, and if a subsequent order by the Provincial…

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