1979 P Cr (PLP)

Writ Petition No. 5170 of 1978, decided on 2nd April 1979. -- S. 3(1)-Preventive detention-Detenu, worker of a political party reported to have addressed various political meetings and criticised role of C. M. L. A. with regard to holding of elections and installation of Atomic Energy Plant - Utterances of detenu though severe in language yet, held, not amounting to activities prejudicial to public peace and tranquillity calling for action under S. 3(1) of Maintenance of Public Order Ordinance-Detention order set aside, in circumstances-- Constitution of Pakistan (1973), Art. 199.-[Preventive detention]. Muhammad Rafiq Chauhan for Petitioner. Khalil Ramday, Asstt. A. G. for Respondents. Date of hearing : 26th March 1979. This petition is directed against the order passed by the Home Secretary Government of Punjab, detaining the detenu for a period of three months w. e. f. 14-1-1979.

2. Necessary record of the case has been produced and perused with the assistance of the learned counsel for the parties. Three reports are shown to have been submitted against the detenu. According to the first report a meeting of the District Committee of District Multan P. P. P. was held on 31st of August 1978 at the residence of Malik Altaf Hussain Khokhar. The detenu acted as stage secretary, criticised the role of General Zial-ul-Haq with regard to holding of elections. He said that the installation of Atomic Energy Plant had not been handled properly by the present Government. He said that General Zia-ul-Haq had said on 5th of July 1977 that imposition of Martial Law was a curse but in spite of that he was not prepared to withdraw it. Another meeting was held on 8th of September 1978 at Shuja Abad. The detenu while speaking at this meeting said that it was hard time for P. P. P. General Zia-ul-Haq had, formed his Government for a limited time and announced holding of elections in October 1977 but did not - abide by his own announcement on the ground that P. N. A. could not succeed in the elections. Maudoodi and Mufti Mahmood were actually running the present Government though they had opposed the establishment of Pakistan. He and P. P. P. workers respected Mr. Bhutto as their Jeader. He thereafter criticised the rise in prices of various food commodities. The detenu also addressed another meeting held at his own house. It was attended by 40/50 persons. He said that the agitation for restoration of freedom of Press was not started only for daily Musawaat, Lahore, it was started for the sake of other newspapers as well. The P. P. P. was obliged to support the families of such journalists who had been rendered jobless and praised the role of Minhaj Barna had said that he and his companions' would co-operate with him. The detenu according to the first report no doubt has used severe language while criticising the present Government but nevertheless his such utterances do not amount to activities prejudicial to public peace and tranquillity and does not excite the people to come on roads, take out processions and indulge in subversive activities. He could criticise the present Government by using proper language but in spite of that he could not be detained under section 3(1) of the West Pakistan Maintenance's of Public Order Ordinance, 1960.

3. In view of the above discussion the impugned order of detention passed against the detenu is hereby set aside. The writ petition is accepted without any order as to costs. The detenu, Mr. Qamar Saeed Mirza will be released forthwith if not required in any other case.