1988 P Cr (PLP)

SAEEDUZZAMAN SIDDIQUI, J.--This petition under Article 199 of the Constitution is filed to challenge the detention of Sohail son of Idrees Shibli by his brother. It is contended by the learned counsel that the order of detention passed under the provisions of Sind Maintenance of Public Order Ordinance, 1960 is wholly without jurisdiction as there were no valid grounds of detention against the detenu. The first order of detention of the detenu was passed by the District Magistrate, Hyderabad for his detention in the Central Prison, Hyderabad for a period of 30 days from 30th August, 1987. The grounds of detention mentioned in the aforesaid order were as follows:- (1) "That he being an active worker of MQM, his activities have been progressively assuming character prima facie prejudicial to public safety and maintenance of public order. (2) That he is a habitual agitator and damages public/private property. (3) That on 30-8-1987 he instigated people to attack Punjabis and Pathans and to damage public property. (4) That he has been indulging in anti-social activities in a manner prejudicial to public order and as such his remaining at large will be hazardous to the public peace and tranquillity. He is at liberty to make a representation to the Government according to law." The detenu was again ordered to be detained for a further period of 30 days commencing from 29-9-1987 by the Provincial Government under section 3(1) of the M.P.O. By order dated 28th September, 1987 and it is clear from the order filed in this case that no grounds of detention were supplied to the detenu alongwith this order. Thereafter, a third order of detention was passed by the Provincial Government against the detenu on 29th October, 1987 directing him to be detained in the Central Prison, Hyderabad for a further period of 30 days commencing from 29-10-1987. The grounds of detention mentioned in the last order which is challenged in this petition were as follows: - (i) That he instigated the people to damage the property of Pathans and Punjabis and also to take their lives. (ii) That on 27-8-1987 Police party on patrolling found him alongwith others damaging and setting fire private and public property, vehicles and Electric Transformer. (iii) That for the foregoing reasons, his remaining at large is hazardous to the maintenance of public order." After going through the grounds of detention supplied to the detenu alongwith the first order of detention dated 30-8-1987 and the last order of detention dated 28th October, 1987 we find that they are of general nature and absolutely vague providing no particulars at all to enable the petitioner to make a representation against his detention. The grounds of detention as mentioned in this order are also similar to those which were considered by a Division Bench of this Court in the case of Khadeja v. District Magistrate, Hyderabad (C.P. No.D-889 of 1987), decided on 17-9-1987 and were held to be vague. We accordingly hold the detention of the petitioner as without lawful and direct the Authorities to release him forthwith unless he is required by them in some other case. M.Y.H./M-492/K??????????????????????????????????????????????????????????????????????????????? Petition allowed.