This writ petition calls in question the order of the Government of the Punjab dated 24th November, 1981, whereby an order of externment from the Province of the Punjab for a period of ninety days was passed against the petitioner, Maulana Shah Ahmad Noorani, under section 5(1)(a) and (c) of the West Pakistan Maintenance Order, 1960 (hereinafter referred to as the Ordinance) as without lawful authority. The impugned order of the Provincial Government reads:- No. 3-2-H-Sp1-1/81 Government of the Punjab Home Department Dated : Lahore 24th November, 1981
Whereas the Governor of the Punjab is satisfied that with a view to preventing you; Maulana Shah Ahmad Noorani (JUP-defunct) of Karachi, from acting in manner prejudicial to public safety and maintenance of public order, as well as public interest, it is necessary to give you directions hereinafter appearing.
NOOV, therefore, in exercise of the powers conferred by section 5(1)(a) and (c) of the West Pakistan Maintenance of Public Order, 1960, the Governor of the Punjab is pleased to direct that you Maulana Shah Ahmad Noorani, shall not enter, reside or remain and shall immediately remove yourself from the limits of the Province of the Punjab and shall not return to any area within the Province of the Punjab for a period of 90 (ninety) days with effect from the date of this order which comes into force immedi--ately.
3. The grounds of this order are enclosed herewith.
4. Your are hereby informed that you are entitled to make a representation to the Government of Punjab against this order.
By Order of the Governor of Punjab (Sd.)
"Under Secretary Special-I Government of the Punjab Home Department."
2. The order, in question, accompanied by memorandum of grounds, was communicated to the petitioner on which the above order was based. It reads:.- "No. 3-2-H-S-1/81 Government of the Punjab Home Department Dated, Lahore, the 24th November, 1981.
Memo of Grounds
(1) That you Maulana Shah Ahmad Noorani (JUP-defunct) of Karachi, have addressed meetings at Sheikhupura on 14-11-1980, Village Miana Gondal, District Gujrat on 16-11-1981, a Press Conference at D. G.
Khan on 7-I1-1981, and have therefore, indulged in illegal political activities, which is not conducive to pubic safety, maintenance of public order as well as public interest.
(2) And that with a view to preventing you from taking part in further illegal activities, your stay and entry in the Province of Punjab is deemed as prejudicial to public safety and maintenance of public order as well as public interest.
(3) Hence this externment order.
By order of the Government of Punjab (Sd.)
Under Secretary Special-I Government of the Punjab Home Department "
3. The petitioner has assailed the validity of the impugned order on the following grounds:- "(i) That the grounds taken are vague and do not furnish any material. Such grounds cannot form the basis of an order passed under the Maintenance of Public Order, 1960;
(ii) That none of the grounds discloses any material warranting invoking of the provision of the Maintenance of Public Order, 1960;
(iii) That from the text of the grounds it appears that the reason--dent had not at all applied his mind while passing the impugned order;
(iv) That even the texts of the speeches of the petitioner were not available arid the impugned order has been passed out of mala fides to reek petitioner's programme of holding "Shahadat-e- Hussain" conferences between 11 and 20th December, 1981;
(v) That none of the alleged addresses of the petitioner has created any law and order situation, nor is there any evidence of the same;
(vi) That the impugned order is bad in law and averse to Constitution insofar as it prevents the petitioner and other citizens of the country from exercising their basic-right of propagating the religion of Islam for which this country was created:
(vii) That the petitioner and his father Maulana Abdul Alim Siddiqui have made man-moth contributions in seeking this homeland for the Muslims of this Sub-Continent. It is pity that the petitioner is being prevented from propagating that very religion; and
(viii) That the petitioner has got no other efficacious remedy available to him except to invoke the special jurisdiction of this Honourable Court."th
4. The questions of law as well as the stand taken by the Government in this writ petition are identical with the questions of law and defence taken in Qari Abdul Hameed Qadri v. The Government of Punjab (PLD 1982 Lab. 255), which has been accepted by me today.
5. The impugned order as well as the impugned grounds have bee issued under the signatures of the Under Secretary Special-I, of the Home Department to the Government of Punjab who was not authorised to sign an order or instrument of the Government of Punjab in terms of rule 11(2) of the Government of Punjab Rules of Business, 1974. The impugned grounds also suffer from vagueness and the externee, Maulana Shah Ahmad Noorani has been denied to exercise his statutory right to make an effective represen--tation to the Government in terms of section 5(a) of Ordinance. The Home Secretary also failed to apply his independent mind and the impugned order has been issued by the Under Secretary Special-I in pursuance of the order of the Deputy Secretary (Judicial Home) who merely accepted the recommendation of the Section Officer after discussing the matter with the Home Secretary.
6. In view of the above, it is not necessary for the purpose of decision of this case to examine any other point and for the reasons recorded in Qari Abdul Hameed Qadri v. The Government of Punjab decided today the impugned order is hereby declared as without lawful authority and of no legal effect. This writ petition is accepted with no order as to costs.