BASHIR AHMAD Versus DISTRICT MAGISTRATE Mian Abdul Sattar Najam , Tanveer Ahmad Khan, Addl. A.-G.

ORDER

1. Detenu Muhammad Bashir was detained on 4‑6‑1988 for a period of 60 days under section 3 of the West Pakistan Maintenance of Public Order Ordinance, 1960. Following grounds were served upon him:‑

(1) that he is a desperate criminal who has no respect for law of the land and mostly indulges in crime of assault on public servants. He was challaned in 2 cases of assault on public servants and in a case of attempt to murder.

(2) He is not employed in any of the Mills/Factories of Sheikhupura District but loiters about in different mills with a view to disturbing industrial peace.

(3) He is also a bully and keeps unlicensed arms with him to overawe the public as well as the Government functionaries.

(4) He is reasonably suspected to create lawlessness in the forthcoming elections.

(5) He was challaned in 4 cases and he is an habitual criminal.

2. In support of these grounds, the learned Additional Advocate‑General states that there are cases of assault against him, but no such case' has been referred to in the grounds served upon him. Even though going beyond the grounds there are 4 cases of assault registered against the detenu, which would hardly constitute any material sufficient to justify the detention. Furthermore, one of the grounds reveals that he would create law and order situation during the' forthcoming elections. Order was passed on 4‑6‑1988 when there was no election in. sight. In this view of the matter, the grounds served upon the detenu Bashir are vague, and hence, the detention cannot be justified thereon. Accordingly, the order detaining the detenu is hereby declared to have been passed without any lawful authority. The detenu shall be released forthwith if not required in any other, case.

2. Similarly, Muhammad Sadiq alias Bodi detenu was also detained on 7‑6‑1988. Grounds served upon him are the same as in the case of Muhammad Bashir detenu. In the grounds of detention of Sadiq no reference to any case finds mention.

3. Even though, going beyond the grounds, seven cases were registered, in three of them the detenu was acquitted, while four are still pending adjudication. Pendency of four cases is hardly sufficient to justify the detention, detenu can be convicted if found guilty during the trial. Accordingly, I direct that the detenu Sadiq alias Bodi shall be released forthwith if not required in any other case.

4. S.G.D./B‑83/L ???????????????????????????????????????????????????????????????????????????????????? Petition accepted.