NAEEM AKHTAR AFGHAN, J.---The detention of petitioner No.1 Abdul Qayyum son of Haji Ameer Muhammad under section 3(1) of the Balochistan Maintenance of Public Order Ordinance, 1960 (hereinafter "the Ordinance") has been challenged by filing the instant constitution petition.
The petitioner No.2 has already been released from custody on completion of thirty (30) days of his period of preventive detention under section 3(1) of the Ordinance and learned counsel for the petitioners has not pressed the petition to his extent.
2. After hearing learned counsel for petitioner No.1 as well as learned AAG, we have gone through the annexed documents and have also gone through the material placed before us by Deputy Secretary, Home and Tribal Affairs Department, Government of Balochistan.
3. It transpires that initially petitioner No. 1 was detained under section 3(1) of the Ordinance for a period of thirty (30) days (1st term) by the order of Deputy Commissioner, Loralai dated 11th October, 2019 on the following two grounds:
1. He is potential threat to the public safety and there are reasons to believe that he may create Law and Order situation in public offices.
2. He is involved in instigating others in creating such Law and Order situation which may result in violence and potential damage to public property"
4. Subsequently, the detention period of the petitioner No.1 was extended for further 30 days (2nd term) w.e.f 11.11.2019 to 10.12.2019 by Additional Chief Secretary (Home) Government of Balochistan Home and Tribal Affairs Department vide order dated 8th November 2019 on the following two grounds.
1. He is potential threat to the public safety and law and order situation in Loralai.
2. He is provoking the general masses against the State.
5. Any action by the Government or any of its functionary?depriving or restricting the liberty of a citizen without sufficient cause is not envisaged by the Constitution of Islamic Republic of Pakistan. Any such action taken by the Government or any of its functionary will not be immune from scrutiny of this court in exercise of its powers under Article 199 of the Constitution of Islamic Republic of Pakistan.
6. In exercise of powers of judicial review under Article 199 of the Constitution of Islamic Republic of Pakistan, the High Court can examine the validity of the detention order passed under section 3(1) of the Ordinance.
7. Section 3(1) of the Ordinance reads as follows: Power to arrest and detain suspected persons.
3. (1) Government, if satisfied that with a view to preventing any person from acting in any manner prejudicial to public safety or the maintenance of public order, it is necessary so to do, may, by an order in writing, direct the arrest and detention in such custody as may be prescribed under subsection (7), of such person for such period as may, subject to the other provisions of this section, be specified in the order, and Government, if satisfied that for the aforesaid reasons it is necessary so to do, may, extend from time to time the period of such detention, for a period not exceeding six months at a time.
[Explanation 1]-- For the purposes of this section--
(i) dealing in the black-market' or 'hoarding' as defined in the Hoarding and Black Market Act, 1948; or
(ii) an act of smuggling punishable under the Sea Customs Act, 1878, or the Land Customs Act, 1924, or under any other law for the time being in force; shall be deemed to be an act prejudicial to the maintenance of public order.
[Explanation 1]---Whoever is or was a member of an association or its Executive Committee, which association is or has been declared to be unlawful under any law for the time being in force in the Province, at any time during the period of seven days immediately before it was so declared to be unlawful, or remains or becomes a member of such an association or is on the Executive Committee thereof after it has been so declared to be unlawful shall be deemed to be acting in a manner prejudicial to public safety and the maintenance of public order for the purposes of this section.]
8. For arrest and preventive detention of a person under section 3(1) of the Ordinance, there should be satisfaction of the Government that the Activities of such person are prejudicial to public safety and maintenance of public order, but in the instant case, the material on the basis whereof the executive authorities have acted under section 3(1) of the Ordinance against petitioner No.1 does not reveal of sufficient cause to justify his preventive detention.
9. The satisfaction of the Government under section 3(1) of the Ordinance is to be objective in nature and not subjective of such nature as to allow the authorities to act on whims and caprices without there being any material before them in support of the grounds for preventive detention.
10. The grounds mentioned by the authorities for preventive detention of the petitioner No.1 are general in nature which are not substantiated by any material.
For the above reasons, the impugned orders dated 11th October 2019 passed by Deputy Commissioner, Loralai and 8th November 2019 passed by Additional Chief Secretary (Home) Government of Balochistan Home and Tribal Affairs Department with regard to preventive detention of petitioner No.1 under section 3(1) of the Ordinance are declared null, void and of no legal effect.
Consequent to the above, the petitioner No.1 Abdul Qayyum son of Haji Ameer Muhammad, presently confined under section 3(1) of the Ordinance in District Prison Sibi, is ordered to be released forthwith if not required in any other case.