Law:

Section:

(a) West Pakistan Maintenance of Public Order Ordinance (XXXIV of 1960)- -- S. 5(1)-Contention that order of restriction passed by District Magistrate under S. 5(1) without furnishing any material and grounds therein being vague, cannot form basis of valid order-Order disclosing no material warranting invocation of provisions of S. 5(1) and grounds leading to passing of order not particularized enabling petitioner to make statutory representation before Home Secretary-Order of District Magistrate declared without lawful authority, set aside Provisional Constitution Order (P. O. 1 of 1981), Art. 9. (b) West Pakistan Maintenance of Public Order Ordinance (XXXIV of 1960)- -- S. 5(l)-Ground vague or otherwise-Test : Determination whether an effective representation, apart from a bare denial of accusation, can be made by a person against whom order. under S. 5 has been made. (c) West Pakistan Maintenance of Public Order Ordinance (XXXIV of 1960)- S. 5 (1)-No grounds at all been given for passing order-High Court, held, setting aside order without expressing any opinion on merits-Provisional Constitution Order (P. O. 1 of 1981), Art. 9. JUDGMENT This petition under Article 9 of the Provisional Constitution Order, 1981, calls in question the order, dated 13-12-1.982, of the learned Additional District Magistrate, Sialkot, whereby the restrictee, Nathanial Naz, was ordered not to enter, reside or remain within the revenue limits of Sialkot District, for a period of two months, under section 5(1)(a) of the West Pakistan Maintenance of Public Order Ordinance, 1960 (hereinafter called the "Ordinance") as without lawful authority. 2. The impugned order reads thus : "Whereas 1, Shaukat Ali Rana, Additional District Magistrate, Sialkot, am satisfied with respect to Mr. N. Naz, Councillor (on Minority Seat), resident of Mohallah Machine, Jhelum City with a view to preventing him from acting in a manner prejudicial to public safety and maintenance of. public order, it is necessary to make an order as hereinafter appearing. (2) Now, therefore, in exercise of the powers conferred by section 5(1)(a) of the West Pakistan Maintenance of Public Order Ordinance, 1960, I, Shaukat Ali…

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