1998 PLP 577 (MLD)

One Manzoor Ahmad was directed to be detained by order, dated 27-2-1996 passed by District Magistrate. Vehari in purported exercise of powers under section 3(1) of West Pakistan Maintenance of Public Order Ordinance, 1960. The grounds of detention provided to the detenu read as under:

"That on the basis of information received from the Vehari Police, I am convinced that you are likely to disturb public peace and tranquillity by protesting against the Government and forming unlawful assembly which would be prejudicial to the maintenance of public order. " Manzoor Ahmad was taken into custody and was detained in New Central Jail Multan for a period of two months from the date of issue of the order.

2. The order was challenged through present petition which was admitted to hearing on 22-3-1997. Assistant Advocate-General was directed to produce the record on the basis of which impugned order was passed by the District Magistrate.

3. The matter was posted for hearing on 19-3-1997 when learned Assistant Advocate-General sought an adjournment on the ground that he could not obtain instructions from the District Magistrate and hearing of the petition was postponed to 20-3-1997.

4. Learned counsel for the parties have appeared in Court. Learned Assistant Advocate-General has not produced the relevant record and submitted that he would make submissions on the basis of record appended with the petition.

5. Learned counsel for the petitioner submitted that District Magistrate passed a mechanical order which was not warranted by any provision of law or the material. It was submitted that District Magistrate has, as a matter of fact, no material whatsoever in his possession which could have led him to form an opinion that -the petitioner was engaged in activities prejudicial to the Maintenance of Law and Order and in the absence of material an order under section 3 of the German Law could not have been passed. It was argued that despite opportunities-.provided the respondents have been unable to produce an., iota of evidence against the detenu showing his involvement or likely involvement in any activity which would have endangered the public peace in the area. Learned Assistant Advocate-General submitted that remedy of preferring a representation to the Secretary to the Government of Punjab in the Home Department was available to the detenu which was not availed of and present petition was premature and, hence, should be dismissed.

6. The order of detention of Manzoor Ahmad was passed on the ground that information provided by police showed that Manzoor Ahmad was likely to disturb public peace by protesting against the Government and by forming unlawful assembly which would be prejudicial to public peace and order. The material provided by the local police to District Magistrate has not been produced before the Court and the only possible inference is that District Magistrate was not having any material in his possession which provided the p, foundation for basing his order. A person can be detained under provisions of Maintenance of Public Order Ordinance, 1960 only when he is a threat to public peace and tranquillity in the area, there is material which manifests that he actually is such a danger, and it has to be shown that District Magistrate applied his conscious mind to the material placed before him and thereafter had, after evaluating the material objectively, come to the conclusion that detenu was a person who if left at large, would be a source of mischief in the area and then has to pass the order in order to achieve the objective of the Ordinance. None of the above parameters have been fulfilled in this case. The order of detention was passed without any justification and for considerations extraneous to objective of Maintenance of Public Order Ordinance, 1960.

7. The order of detention No. 185/8-7/R.D.M., dated 27-2-1997 passed by the District Magistrate, Vehari whereby Manzoor Ahmad son of Farid resident of Karampur, Tehsil Mailsi, District Vehari was directed to be detained for a period of two months consequently, is set aside as having been passed without lawful authority. The detenu shall be released from custody forthwith. A.A/G-66/L Detenu released.