1. ' NASIR ASLAM ZAHID, CJ.--- Detenu Maqbool Ahmed Qureshi has been produced in custody pursuant to the orders passed by this Court. The detenu is an Ex-M.PA. Of Sindh Assembly According to the learned counsel for the petitioner, the detenu was arrested for political reasons on 3-9-1992 and, thereafter, he was arrested in 4 F.I.Rs, of Phuleli Police Station, Sakhi Pir Police Station, Bhatai Nagar Police Station and Baldia Police Station of Hyderabad under different sections of criminal laws. Remands were obtained from the Magistrates to keep the detenu in police custody throughout his arrest from 3-9-1992 and in each case after detention in police custody of 14 days he was rearrested in the other case and again detained for 14 days. The period of remand in the fourth case came to an end on 26-10-1992. On the same date, that is, 26-10-1992 an order under section 3 of the Maintenance of Public Order Ordinance, 1960, was issued by the District Magistrate, Hyderabad for his detention in Central Prison, Hyderabad from 26-10-1992 to 24-11-1992. He was not released on 24-11-1992 but on 25-11-1992 another order under the M.P.O. 1960 was passed by the Home Secretary, directing his detention from 25-11-1992 to 24-12-1992, He was even then not released on the expiry of his detention period. Another preventive detention order was passed on 20-12-1992 by the Home Secretary directing his detention in Central Prison, Hyderabad from 24-12- 1992 to 22-1-1993.
2. ' After expiry of the last preventive detention order of 22-1-1993, in the morning of 23-1-1993, the detenu was taken out of Central Prison, Hyderabad but was taken away in police van, waiting for him. He was first taken to Baldia Police Station and then transferred to C.IA. Centre, where he was kept and since then he had been kept at C.IA. Centre, Hyderabad till he was brought to Karachi on 6-2-1993 pursuant to the orders passed in this Constitution Petition. However, according to the petitioner, it has been falsely shown that he had been released on 23-1-1993 and then rearrested on 27-1-1993 in Crime No,4/93 of Police Station Baldia under sections 147, 148, 124-A and 153, P.P.C.
3. Read with section 16 of the M.P.O., 1960.
4. ' The case of the prosecution as has been explained by the S.H.O. Police Station Baldia on previous dates of hearing is that on 27-1-1993 at about 11-30 a.m. a crowd of 60/70 people gathered in front of Central Prison, Hyderabad (which is located on National Highway) and started shouting, raising slogans and making speeches against the Government and making personal attacks against the Government functionaries. According to the S.H.O. He had about 17/18 policemen, fully armed, with S.I. And A.S.I. At the spot and he also went there and then heard the speeches and slogans and tried to surround the crowd but all of them were able to run away except detenu Maqbool Ahmad Qureshi and one other person Muhammad Mobin Shaikh, who also turned out to be an Ex-M.P.A.
5. ' It is an admitted position that the place where the incident is supposed to have taken place is a busy part of the National Highway and three main roads connect there and, in case, the crowd, as stated, had gathered, if not a traffic jam had taken place, a large number of people must have gathered but, according to the prosecution, there is not a single witness from the public and all the prosecution witnesses in the case are from police.
6. In the background of the series of arrests and detention orders, under which the detenu has been kept in continuous custody since 4-9-1992 that is for more than 5-1/2 months, in our view it follows that a decision had been taken first that the detenu should be kept in custody and thereafter he was shown to have been art ested in one case after other and then detained in three consecutive orders passed under M.P.O.
7. ' In the circumstances we are of the view that the petitioner be granted relief and exercising our inherent powers, we order that detenu Maqbool Ahmed Qureshi son of Muhammad Yameen be released on bail on his furnishing a personal bond in the sum of Rs,10,000 to the satisfaction of the Deputy Nazir of this Court. On furnishing the said bond, the detenu will be released from this Court.
8. Mr. Syed Sarfraz Ahmed AA.-G. Very frankly and fairly submitted that it is a case where the Court may grant bail to the detenu.
9. ' Mr. Shamim Ahmed Advocate states that the petitioner and the detenu apprehend that the detenu may again be arrested. In the circumstances we are adjourning this matter to 8-3-1993, on which date , in case the detenu is taken in custody again by any authority in Sindh, he will be produced in the Court by the detaining authority at 11-00 a.m. The Officer producing the detenu, in such a case, will also bring police and remand papers.