' Through this Constitutional petition, Muhammad Sharif wants this Court to declare order dated 11- 6-1988 of the learned District Magistrate Rahimyar Khan, whereby Rashid Ahmad 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 Superintendent of Police, Rahimyar Khan the learned District Magistrate, Rahimyar Khan ordered the detention of Rashid Ahmad for 3 months under section 3 of M.P.O.O.
1960, on the following grounds:-
(i) F.I.R. No. 275/86 under section 457/380/411, P.P.C.P.S. City Khanpur
(ii) F.I.R. No. 291/86 under section 13-20-65, A.O. -do---
(iii) F.I.R. No. 292/86 under section 13-20-65, A.O. -do---
(iv) F.I.R. No.150/86 under section 457/380/411, P.P.C.-do---
(v) F.I.R. No. 133/86 under section 13-20-65, A.O. -do---
3. The learned counsel submitted that since the detenu had already been acquitted in all the 5 cases mentioned above, therefore, there was no material before the learned District Magistrate for detaining him. The learned A.A.-G. Has supported the impugned order.
4. I have considered the parties with care. I feel persuaded to agree with the learned counsel for the petitioner. Undisputedly Rashid Ahmad had been acquitted in all the 5 cases which have been made the basis of the impugned order and as such it cannot be said that there was material from which the conclusion justifying the order of his detention could be drawn by the detaining authority. It may be noted here that the 'ground' for the purpose of detention under M.P.0.0. 1960 means all the basic fact and material which have been taken into account by the detaining authority in making the order of detention. I feel that the Superintendent of Police as well as the learned District Magistrate should have tried to know the result of the cases against the detenu, on basis whereof he was ordered to be detained. Since the &term had been acquitted in all the 5 cases therefore, there was hardly any grounds for his detention under M.PD.O., 1960, Furthermore, the grounds of his detention were not conveyed to him within reasonable time. He was arrested on 9-6-1988, and the grounds were I conveyed on 29-6-1988. There is no reasonable explanation of this delay.
5. For what has been stated above, the impugned order is declared to be c without lawful authority and of no legal effect. The detent has already been ordered to be released through short order of even date. .