NASIR ASLAM ZAHID, J.--This judgment will dispose of Constitution Petitions Nos.D-1164/90 and 1165/90. In Petition No.D-1164/90, the petitioner is Muhammad Nawaz and he has challenged the order dated, 4-10-1990 of the District Magistrate Shikarpur directing the detention of Syed Nadir Ali Shah for a period of 60 days under section 3(1) of the Sindh Maintenance of Public Order Ordinance, 1960. In Petition No.D-1165 of 1990, the petitioner is Syed Nawaz Ali Shah and he has challenged the order dated, 2-10-1990 of the District Magistrate Shikarpur directing the detention of detenu Syed Jamal Shah for a period of 60 days under section 3(1) of the Ordinance, 1960. Mr. M.M.
Pirzada, Advocate appears for the petitioners in both these petitions. Mr. AA. Mohammadally, AA: G.
Appears on behalf of the respondents in both these petitions. We have heard the learned counsel.
A direction had been given for production of the material, on the basis of which the impugned,, orders had been passed, for perusal by the Court. These petitions had come up for regular hearing yesterday when Mr. AA. Mohammadally, informed that no material had been received by him. The matter was adjourned for today to give another opportunity to the Government to produce the material and also to produce any notification issued under section 26 of the Sindh Maintenance of Public Order Ordinance, 1960 empowering the District Magistrate to pass orders of detention under the Ordinance for a period exceeding 30 days.
2. Mr. AA. Mohammadally, AA.-G. Informs that no file or material has been sent to him and, in the circumstances, he is unable to produce any material before this Court. As regards the other query, learned AA.-G. Has placed on record a copy of the Notification dated 15-6-1978 of the Government of Sindh bearing NO.11(14)SOJ/78 whereby an earlier Notification dated 27-2-1965 had been superseded and it was directed that the powers exercisable by the Government under section 3(1) of the Ordinance, 1960 may be exercised by all the District Magistrates in Sindh subject to the condition that the period of detention under an order passed in exercise of the said powers shall not exceed 30 days.
3. The two impugned orders passed by the District Magistrate, Shikarpur direct the detention of the two detenus for a period of 60 days, which power was not vested in the District Magistrate. An order directing,, detention exceeding 30 days could not have been passed by the District Magistrate. On this ground alone, the impugned orders are liable to be set aside and this is conceded by the learned AA.-G.
4. Additionally it may be observed that no material has been produced before us, on the basis of which the impugned orders were passed, in spite of opportunity given to the Government. On this ground also the impugned orders are liable to be set aside.
5. As a result, Constitution Petitions Nos.D-1164/90 and 1165/90 are allowed and it is declared that the impugned order dated 4-10-1990 ordering detention of Syed Nadir Ali Shah and order dated 2- 10-1990 directing detention of detenu Syed Jamal Shah under section 3(1) of the Sindh Maintenance of Public Order Ordinance, 1960 by the District Magistrate, Shikarpur have been passed without lawful authority and are of no legal effect. The detenus shall be released forthwith if not required in any other case.
M.BA./M-1243/K