' Through this Constitutional Petition Mst. Bushra petitioner wants this Court to declare order of District Magistrate Sahiwal whereby he on 12-6-1988 ordered for the detention of Muhammad Rafiq alias Feeqa (hereinafter to be referred as detenu), for two months under section 3 of the Maintenance of Public Order Ordinance, 1960, to be without lawful authority and of no legal effect.
2. Learned counsel for the petitioner submitted that the detenu was detained for two months vide District Magistrate's order, dated 24-2-1988. He was released on 23-4-1988 and thereafter he was again ordered to be detained for two months vide impugned order although no fresh ground had arisen in due course of events. The learned Assistant Advocate-General has supported the order of the learned District Magistrate.
3. I have considered the matter. I feel persuaded to agree with the learned counsel for the petitioner. I find that the learned District Magistrate on the grounds mentioned in the memorandum of grounds had ordered for the detention of the detenu for two months with effect from 24-2-1988. The detent after completing the period of detention was released from the jail but was again ordered to be detained for two months on 12-6-1988. It may be noted here that the detenu was detained on the same grounds which were mentioned in the earlier order of his detention. Although after his release from jail, he had done nothing but he was detained by the learned District Magistrate for reasons best known to him.
' In pursuance of the above discussion, the order of the detention of Muhammad Rafiq alias Feeqa passed by the learned District Magistrate, Sahiwal on 12-6-1988 is declared to be without lawful authority and of no legal effect.
' Muhammad Rafiq alias Feeqa will be released forthwith, if not required to be detained in any other case. .