Through this Constitutional Petition Mushtaq petitioner wants this Court to declare the order of District Magistrate, Gujranwala respondent No.1 dated 1.4-6-1988, whereby Muhammad Ishaq was ordered to be detained for 3 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 learned District Magistrate has passed the impugned order without applying his mind to the grounds of detention and that involvement of Muhammad Ishaq in a case under section 506 P.P.C. Was not a valid ground for detention under section 3 of M.P.O. Ordinance. The learned Advocate-General does not support the order of detention.
3. I have considered the matter. I feel that the learned District Magistrate passed the order of detention of Muhammad Ishaq on a flimsy ground. There can be no two opinions that criminal intimidation or a wrong to an individual cannot be made basis for the detention of a particular person under section 3 of M.P.O. Ordinance, 1960, so the learned Advocate General has rightly conceded in this case. That being the position, the impugned order of detention of Muhammad Ishaq is declared to be without lawful authority and of no legal effect. He has already been released on bail by my order dated 17-8-1988.
4. Mr. Tariq Yousaf, District Magistrate, Gujranwala is present in person. He regrets and assures to be careful in future. So, the notice given to him on 17--8-1988 is recalled.
S.A./M-1333/L Writ issued.