Pakistan Case Law
1988 MLD 29

KAMAL KHAN Versus GOVERNMENT OF SIND

โญ Prefer in Google
Citation1988 MLD 29
CourtSindh High Court
Case No.Constitutional Petition No. Dโ€‘1406 of 1987
Date1987-12-03
Judge(s)Saeeduzzaman Siddiqui and Mamoon Kazi
Authored bySaeeduzzaman Siddiqui
ResultPetition accepted

SAEEDUZZAMAN SIDDIQUI, J.โ€‘โ€‘ In this Petition filed under Article 1 00 of the Constitution the detention of the dctenu Anwar Khan s/o Jamal Khan has been challenged. It is contended by the learned counsel for the Petitioner that the grounds of detention supplied alongwith the detention order are vague and, therefore, the detention of the detenu in pursuance of the impugned order is wholly without jurisdiction. The grounds on which the detenu has been ordered to be detained arc as follows:โ€‘

(i) That he is an active member of PPI. 1n conspiracy with the other workers of PPI, he staged demonstration in order to disrupt the law and order situation.

(ii) That he spread discontentment in the public to create panic and hatred amongst the people.

(iii) That he arranged workers to attack and destroy public and private property and endanger human lives.

(iv) That he is involved in case F.I.R. No. 343/87 under section 13โ€‘D, Arms Ordinance of Shah Faisal Colony P.S.

2. Similar grounds were considered in detail by a Division Bench of this Court in the case of Khadija Bi V. District Magistrate, Hyderabad (C.P. No. D 889/1987) decided on 17โ€‘9โ€‘1987 and were struck down as vague and without lawful authority. We are unable to rind any distinction in the case referred to above and in the present case and we accordingly hold the detention of the detenu as without lawful authority. The authorities are directed to release the detenu in this case forthwith unless he is required in some other case.

H.B.T./Kโ€‘56/K Petition accepted.

For educational and research use only โ€” not legal advice. Verify against the official report before relying on it. See our Disclaimer.