SUFAID KHAN Versus MEMBER, BOARD OF REVENUE (CONSOLIDATION)

ORDER

Through this Constitutional petition, Khadim Hussain petitioner wants this Court to declare the order, dated 16‑6‑1988 of District Magistrate, Bahawalpur whereby Ubaid was ordered to be detained for 2 months under M.P.O.O. 1960 to be without lawful authority and of no legal effect.

2. On the following report of A.S.I., P.S. Kotwali:‑ the Superintendent of Police, Bahawalpur recommended action under M.P.O.O. against Ubaid, son of the petitioner. On this the learned District Magistrate made order for his detention for 2 months under section 3 of M.P.O.O., 1960.

3. The learned counsel for the petitioner submitted that the detenu had been acquitted in cases F.I.Rs. Nos. 32/80 and 325/81 so there was no justification for making the impugned order. The learned A.A.G. supported the impugned order.

4. I have considered the submissions made by the learned counsel for the parties with care. I feel persuaded to agree with the learned counsel for the petitioner. Admittedly the petitioner had already been acquitted in cases F.I.Rs. Nos. 32/80 and 325/81. This was very much obvious from report of A.S.I. The other 3 cases are still pending decision. It is by now well‑settled that `ground' means all the basic facts and material which have been taken into account by the detaining authority in making the order of detention and on which therefore, the order of detention is based. So the report of the A.S.I. that the detenu was involved in cases F.I.Rs. Nos. 32/80 and 325/81 are grounds for the purpose of M.P.O.O., 1960. Since the detenu had already been acquitted, therefore, it coup safely be said that these 2 grounds were not in existence at the time of making the impugned order. This infirmity will render the impugned order illegal as a whole. It is really sad that the cases in which the detenu had been acquitted had been made the basis of his detention. This indicates the lack of application of mind on ale part of the authorities concerned.

5. For what has been said above the impugned order is declared to be legal and without lawful authority. The detenu has already been ordered to be released through short order of even date.

A./K‑137/L Petition accepted.