Case Details

Citation(s)
1990 SLG 149 1990 SLD 149 1990 PLJ 496
Sindh High Court
Const. Petition No. D-539 of 1990, accepted on 24.6.1990
SYED ABDUR REHMAN AND ABDUL RAHIM KAZI, JJ
Mr. Nibhando Klian, Advocate for Petitioner. Mr. Muhammad Siddique Kliaral, AAG for respondents.

NOOR MOHAMMADer

VS

DISTRICT MAGISTRATE, HYDERABAD and 2 others--Respondents

Law: Maintenance of Public Order Ordinance, (XXXI of 1960)

Section: 3

(i) Maintenance of Public Order Ordinance, 1960 (XXXI of 1960)-- —S.3-Detention in jail-Challenge to-Associating with, and harbouring, providing ammunition and conveyance to notorious dacoits—Ground of— Allegations do not specify as to when, where and how alleged detenu had harboured dacoits and provided food and ammunition to them or had assisted dacoits in committing serious crimes and had informed them about police department-A.A.G. conceded that there was no record to substantiate these allegations—Held: Allegations are not only vague, but are also not supported  by any record. [P.497]A i (ii) Maintenance of Public Order Ordinance, 1960 (W.P Ord. XXXI of 1960)-- —S.3 Detention in jail-Challenge to-Involvement in certain cases-Ground of —Petitioner has filed an affidavit that cases are very old and detenu has been acquitted in all of them—There is no counter affidavit in rebuttal—No documents have been produced to falsify statement of facts contained in affidavit-Held: Ground of involvement of detenu in criminal cases is insufficient and unsupported—Detention order quashed. [P.497498]BC  1988 P.Cr.L.J. 486,1988 P.Cr. LJ. 1087 and 1988 P.Cr. LJ. 1451 rel. JUDGMENT SyedAbdurRehman, J.ThisisapetitionunderArticle199fNvdVKBYFuZXWiCpQ46cPmW9LBwVAventionunderM.P.O.ofBachoos/oNoor Mohammad Gahelo has been challenged by the petitioner, who is the father of detenu Bachoo. The order is dated 26.5.1990 and has been passed for a period of thirty (30) days. The detenue was taken from his village by the Police of Sekhat Police Station, District Hyderabad on 20.5.1990 and was first detained at the PoliceStation and thereafter lodged in Central Jail, Hyderabad. The above order of detention passed on 26.5.1990 by the District Magistrate, Hyderabad wasv.rvcd on him on 30.5.1990. The detention order is based on the following grounds (1)That he is associate of notorious dacoits Photo Khaskheli, Hussain Panhwar, Anoo Khoso and .other dacoit gangs whom he harbours, provides food, ammunition and conveyance. (2)That he assists the dacoits in committing serious crimes and informs them about Police department. (.3)Thai he is involved in the following cases of Police station…
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