P L D 1980 Karachi 1 (PLP)

FAKHRUDDIN G. EBRAHIM, T.‑These are three Constitutional Petitions challenging the orders of detention made against .the detains (1) Mir Muhammad Wassan, (2) Shabbir Ahmed Rajput, and (3) Muhammad Bachal Leghari on grounds which are substantially related. The detaining authority, the Deputy Commissioner, Sanghar, the respondent No. 1 herein, was examined in all these cases and his evidence was, by consent of the parties' counsels, agreed to be read as evidence in all these cases. At the conclusion of the arguments on 27-2-1973 we by an oral order, allowed these petitions and directed that the detenu in each case be set at liberty unless held under the provisions of some other valid warrant for reasons to be recorded. My reasons are as follows :

2. Mir Muhammad Wassan the detenu in Constitutional Petition No. 13 of 1973 was arrested on .26th December 1972 under an order of detention dated 25-12-1972 issued by the Deputy Commissioner, Sanghar, the respondent No. 1 herein, in exercise of the powers conferred under clause (b) of sub-rule (1) of rule 32 of the Defence of Pakistan Rules, 1971 read with rule 213 of the Defence of Pakistan Rules, 1965. It may be mentioned that this detenu was earlier detained by an order dated 15-9-1972 under section 3(1) of the West Pakistan Maintenance of Public Order Ordinance, which detention was challenged in this Court in Constitutional Petition No. 497 of 1972 which was allowed by an order dated 20-10-1972.

3. The grounds of detention were furnished to the detenu Wassan on 21-2-1973, which grounds read as follows: "Whereas credible information has been laid before me against you that you being fairly big zamindar of Shahdadpur town and taluka have sufficient influence over your Haris and other persons of the area. That after you; release on 20-10-1972 from the detention under section 3(11 of Maintenanca of Public Order Ordinance, you are persistently pursuing your activities which are prejudicial to the maintenance of public order and peaceful conditions in the District of Sanghar, the security, the public safety and interest of Pakistan. That by acting in that anti-State and anti-social manner, your sole object is to excite hatred, contempt and disaffection towards the present Government as established by law in the country That you have been causing fear and alarm to the public by maliciously propagating against the present day Government. That you are promoting feelings of enmity and hatred between different classes of citizens of this District. The following are the instances of your such "subversive activities : (1) That on 20-10-1972, on your release a reception was arranged wherein you publicly abused the President of Pakistan and the Chief Minister of Sind and maliciously condemned their policies and actions. You also expressed your intentions of malice and grudge against Jam Sadik Ali presently Minister of Sind Government and declared that you would wreak vengeance against him. These portions of your speech were likely to cause provocation to the people and incite them to cause breach of peace and create law and order problems in this area. You also threatened that Hurs (Murids of Pir Sahib) were silent upto that time but now you would see that the present Government is shaken by fair or foul means and the law and order situation is so disturbed that Government shall not be able to control and maintain peaceful conditions any longer. You declared further that past record of 1942 is evidence of Hur activities and has not yet been forgotten. On 14-11-1972 on arrest of your man Muhammad Bachal Leghari by Shahdadpur Police under Arms Act you threatened the S. H. O. to release him on bail else you would arrange strikes and would create serious Law and Order situation which will not be controlled by the Administration. On 1-12-1972 you got arranged a meeting of Hur Students Federation at citizens club Shahdadpur through your man Muhammad Bachal Leghari. In the meeting the students made inflammatory speeches in order to excite students and the masses with a view to create "disturbances and disturb the peaceful conditions" in the country. On 12-12-1972 at your instigation the students ,of Islami Jamiat Tulba, Shabdadpur took out a procession and also delivered provocative speeches with a view to incite the people to resort to acts of lawlessness and violence. On 16-12-1972 at your instigation students of lslami Jamiat Tulba held a meeting at Shahdadpur in which Messrs Shabbir Ahmed, Misbahul Haq and Muhammad Bachal Legbari delivered objectionable speeches and also tried to excite the people to create disturbances so that the present Government was weakened. It has also been reported that you are giving monetary help to the students through Muhammad Bachal Leghari for arranging processions and meetings against the administration of District and the Government. All your above actions are likely to bring hatred amongst various sections of the public in the district and create imminent breach of peace and cause disturbances and riots and blood shed in this area. That public safety and maintenance of peaceful conditions in the district have therefore been endangered. In view of the above grounds I am satisfied that there is imminent and real necessity that you be detained for the purpose of preventing you from acting in a manner prejudicial to the maintenance of public order and peaceful conditions in the district of Sanghar, the security, the public safety and interest of Pakistan. Accordingly detention order under section 32(1) of Defence of Pakistan Rules, 1971 for three months has been passed against you on 25-12-1972. You are at liberty to make representations to the Sind Government against this order."

4. Shabbir Ahmed Rajput the detenu in Constitutional Petition No. 15 of 1973 was arrested on 27th December 1972 under the aforesaid rule 32 of the Defence of Pakistan Rules, 1971 under an order of detention dated 25-12- 1972 and the grounds of detention were furnished to him on 21-2-1973 which grounds read as follows : "Whereas credible information has been laid before me that you are local student of Shahdadpur and Nazim of Islami Jamiat Tulba Shahdadpur. At the instigation of Mr. Mir Muhammad Wassan you indulged in such subversive activities which are prejudicial to the maintenance of peaceful conditions in the District Sanghar, the security, the public safety and interest of Pakistan. That by acting in that anti-State and anti-social manner your sole object is to excite hatred, contempt and disaffection towards the present Government as established by law in the country. That you are promoting feelings of enmity and hatred between different classes of citizens. The following are the instances of your such subversive activities : On 12-12-1972 you arranged a procession at the instigation of Mr. Mir Muhammad Wassan of Shahdadpur and also delivered provocative speech with a view to create hatred towards the "Government" and excite the people to resort to acts of lawlessness and violence. On 16-12-1972 you arranged a meeting of Islami Jamiat Tulba at the instigation of Mr. Mir Muhammad Wassan to observe "Youm-eIntiqam" and delivered provocative speech and tried to excite the students and masses against the Administration and the Government. On 22-12-1972 you arranged a meeting of Islami Jamait Tulba at Shahdadpur in which you delivered a provocative speech condemning the Government and tried to create hatred between the different sections of population. All your above actions are likely to bring hatred between different sections of the public and create breach of peace and cause disturbances and riots and bloodshed in this area. In view of the above grounds I am satisfied that there is imminent and real necessity that you be detained for the purpose of preventing you from acting in a manner prejudicial to the maintenance of public order and peaceful conditions in the District Sanghar, the security, the public safety and interest of Pakistan. Accordingly detention order under section 32(1) (b) of D. P. Rules, 1971 for three months has been passed against you on 25-12-1972. You are at liberty to make representation to the Sind Government against this order."

5. The detenu Muhammad Bachal Leghari in Constitutional Petition No. 16 of 1973 was arrested on 26th December, 1972 again under the said rule 32 of the Defence of Pakistan Rules, 1971 under an order of detention dated 25-12-1972 and was served with the grounds of detention on 22-2-1973 which grounds read as follows :- "Whereas credible information has been laid before me that you are local student Shahdadpur and claim to be a student leader. Your are henchman of one Mir Muhammad Wassan resident of Shahdadpur. At his instigation you are acting in a manner prejudicial to the maintenance of peaceful conditions in the District Sanghar, the security, the public safety and interest of Pakistan. That by acting in that anti-State and anti-social manner, your sole object is to excite hatred, contempt and disaffection towards the present Government as established by law in the country. That you are promoting feelings of enmity and hatred between different classes of citizens of this District. That following are the instances of your such subversive activities (1) On 1-12-1972 you at the instigation of Mr. Mir Muhammad Wassan arranged a meeting of Hur Students Federation at Shahdadpur Citizens Club and delivered provocative speech and tried to excite the students and masses to create disturbances and disturb the peaceful conditions of the area. On 16-12-1972 a meeting of Islami Jamiat Tulba was arranged at Muhammadi Market Shahdadpur at the instigation of Mr. Mir Muhammad Wassan to observe "Youme Intiqam" where you delivered provocative speech and tried to bring harted towards the present Government and excited the people to create disturbances. You are also reported to be a man of criminal type and one unlicensed Revolver was recovered from you by Shahdadpur Police and you were challaned under Arms Act on which Mr.. Mir Muhammad Wassan had issued threats to S. H., O. Shahdadpur for your release else he would arrange strikes and would create serious law and order problems. All your above actions are likely to bring hatred between different classes of public and create breach of peace and cause disturbances and riots and bloodshed in this area. In view of the above grounds I am satisfied that there is imminent and real necessity that you be detained for the purpose of preventing you from acting in a manner prejudicial to the maintenance of public order and peaceful conditions in the District of Sanghar, the security, the public safety and interest of Pakistan. Accordingly detention order under section 32(1)(6) of the D. P. R., 1971 for three months has been passed against you on 25-12-1972 you are at liberty to make representation to the Sind Government against this order."

6. The learned Additional Advocate-General placed before us the entire material before the detaining authority when he passed the impugned orders of detention and also made available the detaining authority, namely, the Deputy Commissioner, Sanghar for cross-examination by the learned counsel for the detenus.

7. In so far as the detenu Mir Muhammad Wassan is concerned the material consists of a letter dated 13-12-1972 addressed to the Superintendent of Police, Sanghar, by the S. H. O., Shahdadpur in which it is alleged that the detenu Mir Muhammad Wassan after he was let off by the High Court of Sind & Baluchistan on 20-10-1972 had again started his subversive activities ; he had instigated the students to create disturbance3, his object being to create hatred and contempt towards the present Government and creating feeling of contempt and hatred between different classes. The letter goes on to recite that on 20-10-1972 a reception was arranged in his honour at Shahdadpur after his release from the High Court, when he made a speech in which he abused the President of Pakistan and the Chief Minister of Sind and threatened to take revenge against Jam Sadik Ali and that this speech created excitement amongst the people belonging to the People's Party. The letter does not mention the place in Shahdadpur where this reception was held. The letter next recites the incident of 14-I 1-1972 when the detenu is supposed to have threatened the S. H. O. Shahdadpur to release Muhammad Bacbal Leghari, the detenu in Constitutional Petition No. 16 of 1973 who had been arrested by the Shahdadpur Police for an offence under section 14 of the Arms Act. The next allegation is that on 1-12-1972 the detenu "got arranged" a meeting of the Hur Students' Federation at the Citizens Club, Shahdadpur through said detenu Muhammad Bachal Leghari at which meeting it is alleged. that inflamatory speeches were made, the particulars of which are, however, not stated. It is next alleged in this letter that on 12-12-1972 Islami Jamiat Tulba, Shahdadpur took out a procession at the instigation of detenu Wassan when also some students are said to have made provocative speeches, though the letter mentions neither names of the students, nor the contents of their speeches. It is next alleged that on 16-12-1972 a meeting of Islami lamiat Tulba was held at Shahdadpur at the instigation of the detenu .Wassan at which meeting, amongst others Shabbir Ahmed and Muhammad Bachal Leghari, the detenus in Constitutional Petitions Nos. 15 and 16 of 1973, made speeches, but the letter does not state that place where the meeting was held nor does it give the contents of the speech. In the last paragraph of this letter it is alleged that the detenu Wassan was giving monetary help to the students for arranging processions and meetings. In the material this letter is followed by a .letter dated 12-12-1976 from the S. H. O., Shahdadpur to Superintendent of Police Sanghar, which is a report about a procession taken out by the students of Degree College Shahdadpur on 12-12-1972 in which amongst others the said detenu Shabbir Ahmed participated. All that is attributed to the deteni. Shabbir Ahmed is raising of certain innocuous slogans relating to non-recognition of Bangla Desh, stopping of Zulum and release of detained students. Nothing allegedly stated by these participants can be said to be an act calculated to prejudice public order. In fact the participants have spoken of Punjabis, Sindhis, Pathans and Mobajirs as brothers. The last paragraph in this letter vaguely states that this procession of the Islami Jamiat-e-Tulba was taken out at the instigation of detenu Mir Muhammad Wassan. The next document is a letter dated 23-12-1972 addressed by the S. H. O., Shahdadpur to Superintendent of Police, Sanghar which is said to be a report of the meeting held on 1-12-1972 by "One Students Federation" at Shahdadpur Club at which speeches were made amongst others by the detenu Muhammad Bachal Leghari. All that is alleged against the speakers is that they protested against the detention of various persons, the allegedly false case filed by the Government against Muhammad Bachal Legbari, the alleged harassment to Pir of Pagaro by the Government and rise in prices of sugar. The letter goes on to recite that "no untoward incident took place" and concludes with a vaaur allegation against the detenu Mir Muhammad Wassan that the meeting was held at his instance and that this detenu was the General Secretary of the Club. The next document is a secret undated report to the Station House Officer, Shahdadpur by a person who was allegedly posted on a secret duty at the time of the return of the detenu Mir Muhammad Wassan following his release by the High Court who had allegedly gone to Shah Cotton Factory in Shahdadpur on 20-10-1972. The report does not say that there was a reception held in the honour of this detenu following his release but purports to reproduce what bad transpired on 20-10-1972 at the Shah Cotton Factory where the detenu Mir Muhammad Wassan reached after his release by the Court. It is said in the letter that filthy allegations were made against President Bhutto and the Chief Minister of the Province of Sind and threats extended to kill the Minister from the district Jam Sadik Ali. It goes on to say that the detenu informed the persons there that he will take further instructions from Pir Pagaro so that the detenu and others will commit riots and murders through Hurs. This letter was forwarded by the Station House Officer to the S. D. P. O., Shahdadpur on 21-10-1972 The next document in the material are two statements dated 20-10-1972, b3, one Haji Kambir and Muhammad Khan who allege that they had come to Shahdadpur on 20-10-197?. for some personal work, when they learnt that the detenu Mir Muhammad Wassan has been released and he saw many persons "near" Sbah Cotton Factory and went there. These two persons go on to reproduce what was allegedly said by detenu Mir Muhammad Wassan, which is in term the same as what is stated in the earlier letter being the report given by the person posted on secret duty after the release of detem, Mir Muhammad Wassan. The next document is a report submitted to the Superintendent of Police, Sanghar by the Station House Officer, Shahdadpur dated 15-11-1972 and relates to the alleged interference by the detenu Mir Muhammad Wassan during the course of the investigation of an offence allegedly committed by the detenu Muhammad Bachal Leghari under section 14 of the Arms Act. The detenu is supposed to have complained against the arrest of detenu Leghari as being illegal and at the instigation of Jam Sadik Ali and is said to have used abusive language. The detenu has further said to have threatened that he would create strikes in the city. The next document is a report to the Station House Officer Shahdadpur relating to the public meeting held on 16-12-1972 on behalf of Islami Jamiat Tulba at Muhammadi Market, Shahdadpur. It is alleged that amongst others the detenus Bachal Leghari and Shabbir Ahmed spoke at the meeting. Portions of made speeches have been reproduced. These portions are completely innocuous and are only concerned with the disintegration of the country in December 1971, and the issue of Bangla Desh. The letter goes on to recite that the meeting was held on 1612-1972, as on that day . a call was given by Islami Jamiat-e-Tulba, to the students of Pakistan to celebrate "Youme Inteqam". The report significantly does not state that this meeting was instigated by the detenu Wassan or that he had financed it.

8. The material against the detenu Muhammad Bachal Leghari consists of a letter dated 23-12-1972, addressed to the Superintendent of Police, Sanghar by the Station House Officer, Shahdadpur in which it is alleged that the detenu was arranging meetings and processions of students. It further goes on to say that he arranged a meeting of Hur students Federation on 1-12-1972, and of Islami Jamiat-e-Tulba on 16-12-1972, both under instigation of detenu Wassan and at both the meetings provocative speeches were made by him, through no particulars of what was actually said has not been reproduced. The letter is followed by a copy of the letter dated 23-12-1972 addressed by the S. H. O. Shahdadpur to S. P., Sangbar being a report of the meeting held on 1-12-1972 of the Hur Students Federation and of report of the meeting of Islami Jamiat-e-Tulba on 16-12-1972, the originals of both these documents were on the file of detenu Wassan and have ready been referred to by me. The next document is a Confidential letter to the District Magistrate h;, the Sub-Divisional Magistrate, Shahdadpur 'being : another report of the meeting of Hur Students Federation held on 1-12,1972. :a which a reproduced extract of the speech delivered by the, detern, Muhammad Bachal l.eghari, no part of which can be said to be provocative likely to prejudice public order, The letter significantly does not recite that the meeting was organized at the instigation of Mrs Muhammad Wassan . There is still another letter dated 18-12-1972, relating to this very meeting, addressed to the Secretary, Government of Sind, by the District Magistrate, uanehai. In this letter it is vaguely mentioned that this meeting was addressed a the instance of detenu Mir Muhammad Wassan who "remained behind the"; show", and that meeting was held at the Citizens Club as the detenu Wassan was its General Secretary.

9. In the case of detenu Shabbir Ahmed the material starts with a letter dated 23-12-1972, to the Superintendent of Police by S. H. O., Shahdadpur in which it is alleged that the detenu was arranging meetings and delivering provocative speeches. It goes on to say that on 16-12-1972, this detenu at the instigation of detenb Mir Muhammad Wassan arranged a meeting to observe "Youme Intiqam" by Jamiat-e-Tulba and again arranged meeting on 22-12-1972 of the Islami Jamiat-e-Tulba at Shahdadpur at which meeting he delivered provocative speeches but no particulars are given as to what was said by him. This letter is followed by copies of report of the meetings of Islami Jamiat-e-Tulba held on 16-12-1972, at Muhammadi Market, the original of which was on the file of detenu Wassan. I have already commented on this report. This is followed by a letter from Mukhtiarkar, Shabdadpur to the District Magistrate dated 16-12-1972, in which it is mentioned that a meeting of Islami Jamiat-e-Tulba was held on 16-12-1972 and that this Jamiat was celebrating a week of struggle from 16-12-1972 to 22-12-1972 with an enclosure of a report of the proceedings of the meeting held on 16-12-1972. Lastly, there is a letter dated 12-12-1972 from Mukhtiarkar Shahdadpur to the Deputy Commissioner, Sanghar which is a report of the procession taken out by Islami Jamiat-e-Tulba, Shahdadpur on 12-12-1972 but nothing prejudicial is attributed to this detenu. It is stated that detenu opposed the recognition of Bangla Desh and stated that Sindhis, Punjabis, Mohajirs and Pathans were all brothers. This letter concludes by saying that detenu Wassan had instigated the procession.

10. An examination of the aforesaid material relating to each of the detenus does not satisfy me that there were reasonable grounds for making the impugned orders of detention. In so far as detenu Mir Muhammad Wassan is concerned, he is alleged to have made a provocative speech the only speech at a reception held within the factory premises of Shah Cotton Factory at Shahdadpur aecerding to a secret report submitted to the S. H. O., Shahdadpur and statements given by Hajib Kambir a hari said to be residing in the suburbs of Shahdadpur but the name of whose zamindar was not known to Deputy Commissioner, and Muhammad Khan who was a resident of Barani. The secret informant alleg:s that he went inside the Shah Cotton Factory on 20-10-1972 and heard the detenu while the said two other persons went "near" the Shah Cotton Factory, as they had happened to be in Shahdadpur for their personal work. They do not even. say that the reception was organised in honour of Mir Muhammad Wassan, as stated in the grounds of detention or how they happened to be present at a private. reception. Be that it may, no action was taken against the detenu though the authorities had immediate information of what was allegedly stated by the detenu and this speech was for the first time pressed into service in December 1972. A~ fair assumption would therefore be that the speech was, for over two months considered innocuous or at least did not result in any prejudicial activity. It] is next alleged in the grounds that this detenu instigated processions ands meetings. It has come on the record that these processions and meetings were organised by party motivated student organisations but there is nothing in the material to show that the detenu was concerned with the party concerned. The only material on record in support of this allegation are statements of three witnesses recorded by the S. H. O. on 23-12-1972. In the grounds the enlarged allegation is that the detenu gave monetary support for arranging processions and meetings but even the three witnesses who volunteered and gave statements to the S. H. O. on 23-12-1972, do not allege that any monetary assistance was given by the detenu. Moreover; these processions and meetings allegedly instigated by this detenu, have not been shown to be activities not permitted by law. As regards the nature of the speeches and slogans raised at the meetings and processions .I find these to be pure political and within the bounds of law. I am constrained to point out that the impression conveyed to my mind is an over anxiety on the part of the detaining authority to somehow implicate the detenu Wassan with the aforesaid procession and meetings which impression was confirmed by the unhappy attempt made by the Deputy Commissioner in the witness-box while answering questions relating to there meetings and processions. Surprisingly, the Deputy Commissioner did not even recall when giving evidence that the day 12-12-1972 was declared as "Bangla Desh Na Manzoor" day by Islami Jamiat-e-Tuleba and 16-12-1572 was observed by Jamiat-e-Islami and Jamiat-eTulba Islam as "Yaume Intiqam" on a national basis, though these events were apparent from the material before him. In the penultimate para of grounds of detention it was alleged against all the three detenus that the actions earlier enumerated were "likely to bring hatred between different sections of the public. . ." When called upon to specify the sections in contemplation of the Deputy Commissioner he answered "The Sindhi Speaking and non-Sindhi Speaking". This is, therefore, how the Deputy Commissioner understood that part of the speech in which the detenus reiterated that "Sindhis, Punjabis, Mohajirs and Pathans are brothers."

11. As regards the other two detenus I have already examined the extracts of the speeches, as contained in the material, said to have been delivered by them and I find nothing in the speeches which would pursuade any reasonable person to wake these speeches a subject-matter of an order of detention. TUFAIL ALI A. REHMAN, C. J.-I agree. s. G. D. Petition accepted.