ORDER SYED AKHLAQ AHMAD, J.---Through this writ, Nabi Baksh!Petitioner has prayed to declare detention order dated 28-6-2010 passed by respondent No.3/. District Coordination Officer Sahiwal as illegal, based on inala fide and liable to be and the detenu was ordered to be released accordingly. [pp. 245, 246] A, B, C, D & E set-aside with the further prayer to forthwith release the petitioner's brother in law 'Behnoi' namely Bahawal Sher son of Allah Baksh from District Jail Sahiwal.
2. Contents of the petition show that District Police Officer Sahiwal/respondent No.4 vide his office Letter No.1829/SB dated 28-6-2010 reported that some cattle lifters have been noticed to be involved in illegal activities and are adamant to create insecurity in society. They are indulged in anti-social activities prejudicial to public safety and unrest at large in the district. One Bahawal Sher son of Allah Baksh caste Kathia Chak Bandi Nathu Ameer District Sahiwal is indulged in cattle lifting and also in other anti-social activities which are prejudicial to the public safety and maintenance of the public order. In view of above, District Police Officer Sahiwal recommended for detention of Bahawal Sher son of Allah Baksh caste Kathia no Chak Bandi Nathu Ameer District.
Sahiwal under section 3 of the Maintenance of Public Order, 1960 for a period of three months.
Considering the recommendations of the District Police Officer Sahiwal, respondent No.3/District Coordination Officer Sahiwal ordered the detention of the above said detenue for a period of one month vide office order No. 1019- Reader/DCO/SWL dated 28-6-2010 in exercise of powers conferred vide Notification No. SO(IS-I)3-12-2007 dated 16-2-2008 of the Govt. Of the Punjab, Home Department Lahore.
3. Respondents No.3 and 4/DCO Sahiwal and DPO Sahiwal submitted their parawise comments with the averment that the detention of the detenue is quite legal and justified. Bahawal Sher is involved in as many as 11 criminal cases detailed in the report. Hence he has been detained in jail in the larger interest of the public. Alternate remedy of making representation to the Provincial Government against the impugned detention order is available to the petitioner. This being so, the writ petition is liable to be dismissed.
4. Learned counsel for the petitioner contends that the detention order dated 28-6-2010 passed by respondents Nos.3 and 4 is mala fide, without lawful authority and in violation of the Articles 9, 10,15,16 and 17 of the Constitution of Islamic Republic of Pakistan. The petitioner's Behnoi Bahawal Sher is not involved in any antisocial activities for the last ten years. He is leading a notable life without any criminal involvement. No doubt, ten years back, there were some cases which were too, the result of party friction. This being so, there exists no legal and moral justification for putting him in detention. Due to the aforesaid act of respondents Nos.3 and 4, the petitioner and his family is suffering mental agony and serious disturbance as the petitioner's Behnoi has not committed any sin or offence. It is, therefore, prayed that the detention order dated 28-6-2010 may be set- aside and the detenu Bahawal Sher be set at liberty.
5. On the other hand, A.A.-G. On behalf of the respondents defended the impugned detention order and prayed for dismissal of the writ petition.
6. I have heard the arguments of the learned counsel for the petitioner and the learned A.A.-G. On behalf of the State and have also gone through the record.
7. Perusal of the impugned order dated 28-6-2010 shows that the grounds shown for detention of Bahawal Sher son of Allah Baksh are that he is indulging in cattle lifting at large scale and also involved in anti-social activities which are likely to create unrest in the public and create threat to the law and order situation in the district. It is pointed out that he is involved in 11 cases of theft etc., registered at Police Stations Harrappa. Sadar Kamalia, Mamu Kanjan, Sadar Chicha Watni and Kassowal, which has been detailed in the parawise comments submitted by respondents Nos.3 and 4.
Scanning of the list of criminal cases against the detenue Bahawal Sher shows that the last case registered against him was dated 14-4-2000. Since then till to date, for the last ten years, no case whatsoever has been registered against him.
It has been held in Arbab Akbar Adil v. Government of Sindh through Home Secretary, Government of Sindh, Karachi PLD 2005 Karachi 538 that "The learned Additional Advocate-General argued that there are several cases, F.I.Rs. And complaints against the detenu. We have examined the entire file produced before us which contains F.I.Rs. Starting from the year, 1972 but we have not found any such material on the basis whereof a detention order can validly be issued. It already stands decided that if any person is facing trial in a case in which he can be punished by the court of competent jurisdiction, the pendency of such shall not be sufficient basis for issuance of detention order against a person."
As noted above, no F.I.R. In any criminal offence has been registered against the detenu Bahawal Sher since after 14-4-2000 till to date for the last ten years and the police has not collected any material whereby the detention of the petitioner's brother-in-law Behnoi namely Bahawal Sher can be justified. It is, therefore, sufficient to observe that the detention order is violative of the safeguards and requirements provided in the Maintenance of Public Order Ordinance, 1960 and impinges upon the fundamental rights of the citizens enshrined in the Constitution of the Islamic Republic of Pakistan.
8. For the foregoing reasons, the detention order is held to be illegal and without lawful authority which is hereby set-aside.
Brother in law of the petitioner namely Bahawal Sher son of Allah Baksh is C ordered to be released forthwith if not required in any other case.