ZAKIUDDIN PAL, J.---This judgment will also dispose of Writ Petitions Nos. 4817/78, 4865/78 and 4871/78, as similar points of law and facts are involved in all the cases and further the material forming basis for detention in all the cases is also the same.
2. In the present writ petition, the detention of Ghulam Qadir alias Qada was ordered on the grounds that as was organising and leading processions against the Government, was indulging in activities which caused sectarian disharmony, was keeping prostitutes in his house and living on their earnings through immoral activities, was a two-penny Goonda and posed a potential threat to law and order situation and was patronizing the anti-social elements in the area and encouraging them to resort to nefarious activities.
3. In Writ Petition No. 4817/78, Waqas detenu was detained on the grounds that he was an extremely subversive political agitator, had been delivering objectionable speeches which were likely to spark riots and disturb the public peace and tranquillity, was indulging in writing anti-State and anti-National slogans on the walls of the City and that a case vide F. I. R. No. 96, dated 22-3- 1978 had been registered against him under section 16 of the West Pakistan Maintenance of Public Order Ordinance, 1960 on account of the aforesaid activities.
4. In Writ Petition No. 4865, the detention order against the detenu, Khawaja Hassan Askari, was based on the grounds that he organised demonstrative meetings in order to disrupt the law and order situation in the area, his activities were most likely to cause panic and harassment to the people in general, he was openly indulging in subversive activities in order to upset the administrative machinery and that he organised agitators and pursuaded them to commit acts of sabotage and violence.
5. In Writ Petition 4871/78, the grounds of detention of Muhammad Nazir, the detenu in that case, are that he exploited his influence over the people of the area and drived them to indulge in lawlessness, he was a notorious political agitator and encouraging the anti-social elements of the area to stage demonstrations against the Government, that in violation of law of the country, he indulged in such nefarious activities which were most likely to disturb public peace and safety and that he gave financial aid to the political agitators and trouble-mongers by way of collecting funds from the people of the locality and nakedly criticised the Government and thus bringing hatched towards the Government.
6. I have examined the relevant record in relation to the grounds of detention of the detenus. In the c4e of Ghulam Qadir, he has been alleged to be keeping prostitutes in his house and living on their earnings and 9 indulging in Goondaism. There is nothing on record to substantiate these two grounds of detention. According to law, if any of the grounds made basis for the detention in proved to be false and baseless then it will b fatal to the order of detention, as it cannot be said definitely as to which of the grounds pursuaded the detaining authority to pass-the detention order.
There is no doubt, that there is some material some objectionable activities, but in view of the above it is difficult to sustain the detention order passed against him. . That being so, Writ Petition No. 4932/78 is hereby accepted, without any order as to costs, and the detention order passed against Ghulam Qadir alias Qada is hereby set aside. He shall be released forthwith, if not required in any other case.
7. Waqas, detenu in Writ Petition No. 4817, has been proceeded against under section 16 of the West Pakistan Maintenance of Public Order Ordinance on account of his objectionable political activities as mentioned in the reports against him. That case is still pending ajudication. Since the administration has chosen a particular forum for punishing the detenu for his objectionable political activities, he cannot be detained on the same ground. As such, the detention order passed against him cannot be sustained in law. Consequently Writ Petition No: 4817/78 is accepted, without any order as to costs, and the detention order passed against Waqas, detenu, is hereby set aside.
He shall be released forthwith, if not required in any other case.
According to the material placed on record, Khawaja Hassan Askari, detenu in Writ Petition No. 4865/78, is alleged to have participated in certain meetings of P. P. P. Workers whereby it was decided to resort to subversive activities, such as causing damage to public and private property.
He is also alleged to have encouraged Ghulam Qadir and Muhammad Nazir to indulge in self- immolation and assured them that they both would be paid Rs. 70,000 each. The aforesaid two persons were further assured by him that they would not be allowed to be burnt down. This self-- immolation was to be indulged in before the visit of Miss Benazir Bhutto to Multan so as to arouse the public sentiments against the Government.
I am not in a position to make any observation as to whether the allegations made against the detenu are correct or not. However, the fact remains that if such programme bad been carried out, it was likely to create law and order situation and would have been prejudicial to public peace and tranquillity. It is true that in the case of Ghulam Qadir, detenu, this aspect of the case has not been taken into consideration because in addition to this ground of self-immolation another allegation with regard to keeping prostitutes etc. Was levelled against him, which has been found to be incorrect. The correctness of the allegation of self-immolation by Ghulam Qadir at the instance of Hassan Askari has not been controverted. Since a precise and definite allegation has been made against Khawaja Hassan Askari for persuading Ghulam Qadir and Muhammad Nazir to indulge in self-immolation in order to create law and order situation, therefore, his detention is held to be justified. Writ Petition No. 4865/78 is; therefore, hereby rejected.
9. In the case of Muhammad Nazir, detenu in Writ Petition No. 4871/78, there are definite allegations against him in the relevant record that h decided to indulge in self-immolation in order to arouse public sentiments against the Government and to create law and order situation. This plan was to be carried out before the visit of Miss Benazir Bhutto to Multan. Such plan, if carried out, would have created trouble for the administration by affecting public peace and tranquillity. He was arrested and detained before the plan could be carried out. His such activities being prejudicial to law and order situation and public peace and tranquillity have been rightly taken into consideration for detaining him in order to prevent him from indulging in such activities. In the circumstances, his detention order is held to be justified. Writ Petition No. 4871/78, therefore, fails and is hereby dismissed without any order as to costs.