MST. HASINA Versus PROVINCE OF SIND Muhammad Rafiq Khanzada , A.A. Muhammedally, Addl. A.-G.

AJMAL MIAN, J. --This petition is directed against the order, dated 27-10-1987 passed by the District Magistrate East; Karachi ordering the detention of Mst. Hasina wife of Saleem Ahmad for a period of 30 days on the grounds, copy of which was supplied alongwith detention order and which reads as follows--

"(1). That you are worker of M.Q.M. and conspire with the other workers of M.Q.M. 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 attack the public and private buildings, property and destroy the public transport.

(4) That you are again and again trying to use violence creating law and order situation."

The above case was admitted for regular hearing on 3-11-1987 and the case was fixed for hearing on 12-11-1987. On the latter date Mr. Abdul Rahim Kazi, learned Additional Advocate-General obtained adjournment in order to produce the material in support of the grounds. The case was adjourned, to 17-11-1987 on which- date Mr.A.A. Muhammedally, learned Additional Advocate-General appeared and requested for further time and the case was adjourned by consent for today.

2. Mr. A.A. Muhammedally, learned Additional Advocate-General submits that in spite of his efforts he has not been able to obtain the material on the basis of which the detention order has been passed. Since there is no material produced in support of the detention order the same cannot be sustained on the basis of the allegations contained in the grounds without any particulars as to the dates and incidents and without having any material.

3. We would, therefore, allow the above petition and declare the impugned order as without lawful authority and of no legal effect. The detenu shall be released forthwith unless she is required under some other law.

H.B.T./H-84/K Petition allowed.