' Through this Constitutional petition, Abdul Ghani wants this Court to declare the order of District Magistrate, Rahimyar Khan whereby he on 11-61988 ordered his (petitioner) detention for 3 months under section 3 of M.P.O.O. 1960, to be without lawful authority and of no legal effect.
2. On the request of Superintendent of Police, Rahimyar Khan, the learned District Magistrate made order for the detention of the petitioner on the following grounds:-
(i) F.I.R. No, 114/85 under section 3, Prohibition Order P.S. Liaquatpur.
' F.I.R. No, 261/85 under section 11/3, Prohibition Order P.S. Ahmadpur East.
3. The learned counsel for the petitioner submitted that the petitioner was acquitted in case F.I.R.
No, 261/85 and case F.I.R. No, 114/85 is pending decision and that the grounds of detention were not conveyed to the detenu within reasonable time. The learned A.A.-G. Has supported the impugned order.
4. I have considered the submissions made by the learned counsel for the parties with care. I feel persuaded to agree with the learned counsel for the petitioner. The petitioner was arrested on 8-6- 1988 and the grounds of detention were conveyed to him on 29-6-1988. This to my mind is not a reasonable time within the language of 'as soon as may be' of the relevant provisions of M.P.O.O.
1960. The petitioner was arrested on 8-6-1988. He was immediately sent to jail. So the grounds could easily be conveyed to him within a day or two. No reasonable explanation of the delay of 21 days in conveying the grounds of detention to the petitioner has been given. Furthermore the petitioner was acquitted in case F.I.R. No, 261/85 before making of the order of detention so this ground was non-existent. This infirmity alone would render the entire order of detention, to be illegal.
5. For what has been said above the impugned order is declared to be illegal and without lawful authority. The detenu has already been ordered to be released through short order of even date.