MUHAMMAD ZAHOORUL HAQ, J.--This petition is directed against the detention order passed by the District Magistrate, Karachi (East) on 18-8-1986 directing the detention- for 30 days in judicial Custody of Mr. N.D. Khan under section 3 (1) of M.P.O. 1960 on account of the activities about which the D.M. Was satisfied that they are prejudicial to public safety, public interest and public order.
Notice of this petition was issued to the Advocate-General Sind for 21-8-1986 on which date the petition was admitted and it was fixed for regular hearing on 26-8-1986. On 26-8-1986 it was adjourned to 27-8-1986 when it was partly argued by Mr. Rasheed Akhund and then adjourned for want of time to 28-8-1986. The learned Additional A.-G. Produced before us a communication from District Magistrate (East)
Karachi to Mr. N.D. Khan, dated 19th August, 1986 conveying the grounds of detention in Jail. The same reads as under:- "You are hereby informed that your detention under M.P.O. Has been made on the following grounds:-
(1) Since information regarding distribution of fire-arms amongst the party workers.
(2) Organizing public meeting of workers for confrontation with the public and police.
(3) Inciting the workers to destroy/attach the public transport and property.
(4) To spread discontentment amongst the public with a view to indulge in Civil disobedience. You are permitted to file an appeal within seven days if you, so desire."
2. No counter-affidavit has been filed on behalf of the respondents nor any witness has been produced in this Court for the purpose of placing before us the material on the basis of which the detention of the detenu 'could be justified or it can be said that on perusal of those documents or material, the respondent was satisfied that the activities of the detenu were prejudicial to the public safety, public interest and public order.
3. The learned Additional A.-G. Is stated to be busy before the Supreme Court and he has sent Mr. Sanaullah, Advocate to note down the points argued by Mr. Rasheed Akhund for the petitioner. This is the last working day of this Bench and the working time today is upto 12-30 p.m. Only. Mr. Rasheed Akhund has concluded his argument at 12-05 noon and Mr. Sanaullah has stated that he is not in a position to make any submission in this regard.
4. Since no material has been produced in support of the detention, therefore, the detention order appears to be completely without any justification. The grounds of detention which have been disclosed in the letter of 19th August, 1986 are completely without any particulars and they cannot be regarded as sufficient compliance of sub-Articl (5) of Article 10 of Constitution of Pakistan. Unless and until the details and particulars are mentioned in the grounds of detention it is not possible for any detenu to make any defective representation against his detention. The ground No.1 does not appear to be even a complet sentence. And the mention of word "Appeal" in the last portion of these grounds suggested that the determining authority is not really conversant with the provisions of the M.P.O. Or the provision of the Constitution otherwise word "Appeal" would not have been used and instead the word representation should have been used. Mr. Rasheed had relied upon PLD 1975 Pesh. 67 and 1979 P Cr.L J 62.
5. In any case, since no material justifying the detention is produced by the relevant authority before this Court either in the form of affidavit or in the form of evidence, therefore, the detention is found to be unjustified and hence without lawful authority. The detenu is, therefore, ordered to be released. He may be set at liberty if not required in any other case. This order should be conveyed to the jail authority immediately by the office. Detenu set at liberty.