Mst. MAHNAZ Versus DISTRICT MAGISTRATE

1. SAEEDUZZAMAN SIDDIQUI, J.‑‑ This Petition under Article 199 of the Constitution is filed by the mother of the detenue challenging the detention of Allah Bux son of Miskan Khan. The detenu was ordered to be detained for a period of 30 days commencing from 23‑5‑1988 under the orders of the District Magistrate South, Karachi. The grounds of detention as mentioned in the impugned order are the four criminal cases of 1987 and 1988 pending under Section 13‑D, Arms Ordinance, 307/353, P.P.C. 3/4 Prohibition Ordinance and 13‑D, Arms Ordinance. In addition to these cases it is also mentioned in the impugned order that the detenu is a habitual notorious narcotic dealer/pedlar and selling charas and heroin. Apart from the fact that mere pendency of the cases under the substantive law is not a ground sufficient for ordering detention of a person under section 3(1) of the M.P.O. the other grounds of detention mentioned in the impugned order are wholly vague. The learned AA.G. has t us the material on the basis of which the order of detention was placed against the detenu but we find that in that material except for the mention of four criminal cases which are still pending in the Court of law no other ground of detention of the detenu is mentioned. WF accordingly hold the detention of the detenu as without lawful authority and direct the authorities to set him at liberty forthwith unless he is required by them in some other case.

2. SA/M‑537/K. Detenu released