' Through this Constitutional petition, Mst. Sharam Mai wants this Court to declare the order, dated 11-6-1988 of District Magistrate, Rahimyar Khan whereby Rajab Ali was ordered to be detained 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 the Superintendent of Police, Rahimyar Khan, the learned District Magistrate passed the impugned order on the following grounds:-
(1) F.I.R. No, 140-87/BWP under section 4/3 Proh. Order P.S. Liaquatpur.
(2) F.I.R. No, 11-87/BWP under section 4/3 Proh. Order P.S. Liaquatpur.
(3) F.I.R. No, 30-87/BWP under section 4/3 Proh. Order P.S. Liaquatpur.
(4) F.I.R. No,176-87/BWP under section 4/3 Proh. Order P.S. Liaquatpur.
3. The learned counsel for the petitioner mainly submitted that the petitioner was acquitted in case F.I.Rs, Nos. 30/87 and 176/87 and she was not an accused in cases F.I.Rs, Nos. 140/87 and 11/87 and as such no ground for detention was available on 11-6-1988. The learned. AA.-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 for the reason that the grounds of detention were not conveyed to the detenu as early as possible. He was arrested on 11-6-1988. He was sent to jail on 12-6-1988 but the grounds of his detention were conveyed to him on 29-6-1988.
This to my mind was/is not 'as soon as may be' within the meaning of the provisions of M.P.O.O., 1960. Furthermore, the detenu was not involved in cases F.I.R. Nos. 140/87 and 11/87 and he had already been acquitted on cases F.I.Rs, Nos. 30/87 and 176/87 so no ground was factually available for detention under section 3 M.P.O.O., 1960.
5. For what has been said above the impugned order is declared to be without lawful authority and of no legal effect. The detenu has already been released vide short order of even date. .