2009 PLP 1482 (MLD)

EJAZ AFZAL KHAN, J.,

Petitioners through the instant petition have questioned the order, dated 27-7-2009 of their preventive detention on the grounds that they have never been involved in any activity, as could prejudicial to the public safety or the maintenance of the public order in District Peshawar and that in the absence of any material on the record to justify any such inference, the order would be bad in law.

2. As against that, the learned A.A.G., appearing on behalf of the respondents defended the impugned order by submitting that the petitioners are sons of Sofi Muhammad who has been a source of strife and insurgency in Swat; that their presence in the City is not without any mischief and sinister designs; that the petitioners are also involved in a good number of cases in Swat and that frequent visits of the militants to their house and reports of Secret Agencies also show that they are out to play havoc with the peace of the area. The detention, thus, ordered, the learned A.A.G. added, being based on sufficient material is not open to any exception.

3. I have gone through the record and considered the submissions of the learned counsel for the parties.

4. It has been alleged that presence of the petitioners is not without mischief in the area but nothing has been brought on the record to show that they ever indulged in any activity, which could be prejudicial to the public safety and the maintenance of public order in the District., It has also been alleged that the petitioners have been involved in a good number of cases in Swat but this too, remained unsubstantiated, as nothing has been brought on the record in this behalf. Havoc to the peace of the area is, anticipated on account of visits of the militants to their house but who witnessed these visits and how would they work havoc to the peace of the area is yet another allegation, which also remained unsubstantiated. A reference to the reports of the Secret Agencies was also made but none of them was brought to light either in camera or in the open Court. Yes, the petitioners are sons of Sofi Muhammad, who has been a source of strife and insurgency is Swat, but this alone cannot justify their preventive detention on the analogy of section 21 of the ' F.C.R., which is not applicable to this part of the country. Such detention can only be justified, when there is material on the record and not on the basis of surmises and conjectures. When no material muchless satisfactory has been brought on the record to show that the petitioners are acting in a manner prejudicial to public safety and the maintenance of the public order, I do not think, it would be for the Court to contrive grounds for such detention.

5. For the reasons discussed above, this writ petition is allowed and it is directed that the petitioners be released forthwith, if not required in any other case. H.B.T./177/P Petition allowed.