This petition was disposed of on 6-3-1979 by means of a short order whereby it was accepted for the reasons to be recorded later on.
2. The detenu, Muhammad Aslam is reported to have been involved in certain criminal cases and for that reason he was first detained by the District Magistrate, Kasur for a period of three months by his- order dated .9th of October, 1978 and after the expiry .Of that period he was detained under the orders of the Governor of Punjab dated 6-1-1979 for a further period of three months. The validity of the last order has been challenged through this petition.
3. According to the written statement filed on behalf of the S. P., Kasur the detenu was involved in as many as 7 criminal cases during the period 1959 to February, 1970 under various provisions of law. It is admitted that all these cases have since been decided and none is pending adjudication. The written statement shows that 7 cases were registered against him during the period January 1957 to May, 1965 but on account of lack of sufficient evidence challan in any of the cases was never submitted. The detenu according to the statement is facing trial in as many as 5 criminal cases, under sections 452; 342, P. P. C., 13/4, 1/61, Gambling Ordinance, sec--tion 61/1/14 and section 13/14, Goonda Ordinance. It is alleged in the written statement that the detenu has been acting as supplier of narcotics. He is a gambler and drunkard. He is thief and anti-social, desperate and terror to the society. According to law mere involvement of a person in criminal cases is no ground for his detention under section 3(l) of the West Pakistan Maintenance of Public Order Ordinance, 1960. The administration by its decision to prosecute that man for his alleged criminal offences in the criminal Courts has chosen a particular forum for that purpose A and that man cannot be punished twice for the same offences by way of detention. The detenu Muhammad Aslam will be punished by a competent Court of law if found guilty in the aforesaid cases pending against him.
The administration is already proceeding against the detenu for his being allegedly drunkard, gambler and dealer in narcotic. He cannot be punished by way of detention for the same offence.
According to the written statement the last case which was registered against the detenu and which is still pending adjudication was registered on 24-11-1973, against the detenu. There is nothing on record to show that any other case was registered against him after that date. 1f he had acted against law and had proved himself to, be terror to the society then he would have been involved in some of the cases after that period. This being not the position on record the allegations levelled in this behalf cannot be relied upon.
4. In view of the above the impugned order of detention is hereby set aside and the writ petition is accepted without any order as to costs. Since the detenu has already been released, therefore, no order is required to be passed in this behalf.