1989 P Cr (PLP)

Ch. Abdul Nabi for the State. Date of hearing: 16th July, 1988. Through this Constitutional petition, Muhammad Iqbal petitioner wants the order of the District Magistrate, Bahawalpur, dated 11‑6‑1988 whereby Muhammad Jameel (hereinafter to be referred as the detenu) was detained for three months under section 3 of the West Pakistan Maintenance of Public Order Ordinance, 1960, to be without lawful authority and of no legal effect.

2. The facts leading to this, petition briefly are that on the information placed before him by Superintendent Police, Bahawalpur, to the effect that Muhammad Jameel was involved in the following cases‑

3. The learned District Magistrate, feeling satisfied that Muhammad Jameel was acting and was likely to act in a manner prejudicial to public safety and maintenance of public order, directed that he be detained for two months from the date of the issuance of the order. The detenu having been arrested in execution of this order is now detained in Central Jail, Bahawalpur.

4. The learned counsel for the petitioner mainly contended that the information given by the police on the basis of which, the District Magistrate passed the detention order was/is factually incorrect inasmuch as the petitioner was not accused in cases F.I.Rs. Nos. 67/1977 and 38/1977 and as such some of the grounds for the detention of the detenu were non‑existent at the time of the passing of the order. Learned A.A.‑G. on the strength of the report marked `A' submitted by the S.H.O. Police Station concerned, frankly conceded that the detenu was not involved in two cases out of the seven cases mentioned in the information given by the police to the District Magistrate. He was however, of the view that the detention order can be sustained on the basis of other five cases against the petitioner.

5. I have considered the submissions made by the learned counsel for the parties with care. I feel persuaded to agree with learned counsel for the, petitioner. It is by now well‑settled that any irrelevant or non‑existent ground/reason of detention would render the order of detention invalid as a whole. If the detaining authority relies on more than one reasons for detaining a man without distinguishing between them and any of those reasons is found to be bad in law/fact or non‑existent, then it cannot be ascertained as to what extent the bad reasons/non‑existent grounds, had operated on the mind of the Authority vis‑a‑vis its satisfaction mentioned in section 3 of the West Pakistan Maintenance of Public Order Ordinance, 1960. The word `grounds' mean all the basic facts and material which had been taken into account by the detaining authority in making the order of detention and on which, therefore, the order of detention is based. Since in the case in hand, the grounds that the detenu was involved in two cases: F.I.Rs. Nos. 67/77 and F.I.R. No. 38/1977 were/are non‑existent, therefore, there: is no option but to declare the entire order of detention of the detenu to be void and illegal as well. This rule is based upon a series of decisions of the superior Courts in Pakistan. It is really unfortunate that the police furnished wrong information and thereby got the order of the District Magistrate.

6. In pursuance of the above discussion, the writ petition is accepted. The impugned order is declared to be illegal, without lawful authority and of no legal effect. The detenu shall be released forthwith if not required to he detained in any other case. S.A./M‑1007/L Petition accepted.