The short point raised in this case is that as the D. M. L. A. Had directed the detention of Mr. Aitzaz Ahsan in the custody of Superinten--dent of Jail Kot Lakphat, Lahore, he cannot be detained elsewhere. The contention of the learned counsel for the petitioner is that the detenu has instead been lodged in the New Central Jail, Multan. The learned Advocate-General wants to check up this position from the concerned authorities and shall report back at 1-00 p. m. As stated by him. [Case adjourned till 1 p. m.].
[Case re-taken at 1 p. m.] This is an application under section 491, Cr. P. C. On behalf of the wife of the detenu Ch. Aitzaz Ahsan, praying that the order in the nature of habeas corpus be passed directing the respondent to produce the detenu in Court so that he is dealt with in accordance with law. The learned counsel has not challenged the detention order itself, but is only pleading that as the detaining authority had expressly and specifically directed that the detenu mentioned above be detained in the custody of the Superintendent Jail, Kot Lakhpat for three months with effect from 25th of February, 1981, he could not be sent over to any other place of detention.
2. The Advocate-General has appeared to state that the detention order is not final in respect of place of detention and it is governed by the general instructions and the Rules concerning the same. He has referred to rule 4 of the Punjab Maintenance of Detenu Rules read with certain instructions issued under a Notification dated 21st November, 1977 to say that after a detention order has been passed, the detenu can be transferred to any other place of detention. He has placed on record a copy of an order by which a Section Officer has directed the Deputy , Inspector- General Police, Lahore, on the basis of a decision of the Govern--ment to transfer a number of detenu including the husband of the present petitioner to the places noted therein.
3. It is to be noted that the detention order is specific with regard to the place of the detention, the person to be the Custodian as well as the period about it. The order of transfer, therefore, amounts to defeating or annulling the said order and is, therefore, without any authority. The instructions referred to above also would not override the order passed JA in specific terms. The transfer of the detenu from the custody of the Superintendent of Jail, Kot Lakhpat, Lahore, to the other place therefore amounts to illegal and improper custody under section 491, Cr. P. C. The Government, in the circumstances, is directed to transfer back the detenu as soon as possible.