Malik GHULAM RASUL NASIM Versus THE DISTRICT MAGISTRATE, KASUR

ORDER

The petitioner Malik Ghulam Rasul Nasim has moved this Constitutional Petition praying therein that the order of detention dated 19‑12 1987 paced by the respondent may be declared without lawful authority and of no legal consequence.

2. The case is that the respondent District Magistrate, Kasur, passed an order dated 19‑12‑1987 whereby Muhammad Anwar Dholan, Advocate, resident of village Dholan Police Station Khudian, Tehsil and District Kasur was detained under section 3 of the West Pakistan Maintenance of Public Order Ordinance, 190, for a period of two months. As a result of this order; the detenu was arrested and was placed in District Jail Kasur. The respondent was directed to submit a report with parawise comments and in compliance thereof, the requisite report along with parawise comments has been filed which has been placed or record.

3. Learned counsel for the petitioner contended that there is absolutely no evidence whatsoever available on the record to justify the order of detention having been passed by the respondent against the detenu. The detenu was summoned who is present and has made a statement that he never uttered anything attributed to him against the National Leaders of Pakistan vide the report dated 14‑1‑1988. He stated that no criminal case whatsoever is pending adjudication against him before any Court of law. He also stated that he was never arrested nor tried in the following cases:‑

(1) F.I.R.No. 32/69 a/s 324 P.P.C., P.S. Khudian.

(2) F.I.R.No. 50/72 a/s 325/148/149 P.P.C., P.S. Khudian.

(3) F.I.R.No. 73/75 a/s 6/7 Food Act, P.S.Khudian.

(4) F.I.R.No.188/75 a/s 342/147/506 P.P.C. P.S. City Kasur.

(5) F.I.R.No. 28/83 a/s 16 M.P.O., P.S. Mustafaabad.

(6).F.I.R.No.151/83 a/s 506 P.P.C., P.S. City Kasur.

(7) F.I.R.No.117/87 a/s 188 P.P.C., P.S. City Kasur.

He also stated that all these cases have been withdrawn except the case at No.7 above which is a case under section 188 P.P.C. registered at police station City Kasur. Similarly the statement of the Superintendent District Jail, Kasur was recorded. He stated that he is detaining the detenu vide the order of detention dated 19‑12‑1987 passed by the District Magistrate, Kasur. He stated that there is no record with ham pertaining to other criminal cases referred to above. The detenu has also placed on record the affidavit dated 25‑1‑1988 pertaining to the report dated 14‑1‑1988 whereby lie has disowned all the contents of the report. Learned counsel for the petitioner submitted that the detention order has been passed against the detenu because of the animosity existing between the local administration and the detenu. It is contended that the detenu is a law‑abiding citizen and is a practising Advocate. It is maintained that the learned District Magistrate has simply reproduced the words used in section 3 of the West Pakistan Maintenance of Public Order Ordinance, 1960, and that it has nowhere been shown as to what overt act has been committed by the detenu whereby it could be shown or argued that the detenu is a danger to law and order situation. It is also argued forcefully that there is not an iota of evidence available on the record that the detenu is acting in mariner prejudicial to the maintenance of law and order. The learned Additional Advocate General has frankly conceded that except the contents of F.L.R. No. 117/87, there is no other material available on the record. All other cases have been withdrawn and no case at the moment is pending against the detenu. Learned counsel for the petitioner lastly argued that more than one month has already passed and only a few days are left so far as the detention order is concerned.

4. I have heard learned counsel for the parties and have perused the record very carefully. I am of the view that there is no sufficient material available on to justify the order of detention dated 19‑12‑1987, passed by the learned District Magistrate Kasur, except the pendency of F.I.R.No. 117/87 under section 188 P.P.C. registered against aim at police station City Kasur. Several cases from time to time were registered against the detenu, but it is established that those cases have been withdrawn. At the moment the respondent has failed to point out anything showing the pendency of any criminal case against the detenu except the case F.I.R.No. 117/87. That is a minor case registered against the detenu under section 188 P.P.C. I have also heard the detenu in person. He stated that he has no opposition to offer regarding the present democratic Government.

5. The upshot of the above discussion is that there is no adequate and sufficient material available on record to justify the order of detention having been passed by the District Magistrate, Kasur against the detenu. The result is that this petition succeeds and is allowed. The detenu is directed to be set at liberty forthwith provided of course he is not required in. any other criminal case.

S.G.D/G‑122/L: Petition allowed.