MALIK TARIQ KHAN AKBAR Versus GOVERNMENT OF SIND Muhammad Faridul Haq and Munawar Ali Bhatti , Abdul Rahim Kazi, A.A.-G.

AJMAL MIAN, J. ‑‑ This petition is directed against the order, dated 3‑3‑1988 passed by the respondent No.2 for detaining one Malik Muhammad Akbar (hereinafter referred to as detenu) under section 3(1)MPO‑1960 read with Government Notification No. IX(14) SCJ/78, dated 15‑6‑1978 for a period of 30 days on the grounds annexed to the above order which reads as follows:‑

"Subject:‑

Grounds of detention.

You are hereby informed that your detention under M.P.O. is on the following grounds:‑

(1) That you are worker of P.P.I. and conspired with the other workers of P.P.I. to stage a demonstration in order to disrupt the law and order situation.

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

(3) That you arranged the workers to attach the public and private property and lives."

2. The petitioner being the son of the detenu has filed the above petition.

3. Muhammad Faridul Haq learned counsel assisted by Mr. Munawar Ali Bhatti, Advocate has vehemently urged that the grounds are vague and they lack material particulars i.e. dates, places, times and details of the incidents.

4. Mr. Abdul Rahim Kazi learned A.A.‑G. has candidly submitted that the only material available with him is in the form two F.I.Rs. namely F.I.R. No. 128 of 1988 lodged on 28‑2‑1988 with the Shah Faisal Colony Police Station under sections 147, 148, 149, 307, 435, 436, 353, 427 and section 14 of the (Enforcement of Hudood) Ordinance, 1979 and F.I.R. No. 132 of 1988 lodged on 1‑3‑1988 at the above police station under sections 147, 148, 149, 435, 307 and section 14 of the (Enforcement of Hudood) Ordinance, 1979. However, he concedes that the name of the detenu in question does not figure in the above two F.I.Rs.

Since the grounds of detention reproduced hereinabove are apparently vague and lack the material particulars as to the times, dates, places and details of the incidents, we would allow the above petition and order the release of the detenu forthwith unless he is required in some other case.

M.Y.H/T‑26/K Petition allowed.