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Criminal Miscellaneous No. 158 of 1967, decided on 19th December 1967.

-Detention Detenu alleged to be: (i) associated with a political party; (ii) a member of reception committee for receiving certain political leader; (iii) associated with Motor Employees' Association controlled by a political party-Such materials, held, cannot justify detention under r. 32-Detenu directed to be set at liberty forthwith.

Nowab Ali, S. M. Nural Alam and Anwarul Noque for: Petitioner.

Asrarul Hossain, A.G. and Abdul Malek for the State.

-Rule, in this case, was issued to show cause why the detenu now detained in Pabaa District Jail should not be brought before this Court and be dealt with in accordance with law. The Rule was made returnable within four weeks from that

date with notice to the learned Advocate-General.

As in the other cases of this series time was taken twice by the learned Advocate for the State, namely, on 10-11-67 and 27-11-67 on the plea that the Provincial' Government was contemplating withdrawal of the cases against the detenu.

The withdrawal having finally failed the matter came up for hearing on 5-12-67. Meanwhile on the 30th November 1967 the affidavit-in-opposition was filed for the first time.

The petitioner, in this case, is a poor Bus driver of a Motor Bus. It appears from the petition, as averred, that the detenu is a driver of a Motor bus with large family consisting of his old and infirm parents, wife, four daughters and five sons to maintain. He was arrested on 17-3-67 at 4-30 p.m. without any order of arrest being shown to him and he was taken to the Pabna. Jail and he is being detained there in connection with the Bhutta incident of 16-3-67.

It has been stated that from the evening of the 15th March 1967 there arose some commotion in the Pabna town over the death of some persons in Hospital alleged to be casualties of Bhutta incident.

On the 16th March 1967 a section of people including some students went to the Hospital to see the condition of the aforesaid '' patients and during that time the Additional Deputy Commissioner of Pabna also went to the Hospital to see the patients. The people made protest to the Additional Deputy Commissioner against the supply and distribution of Bhutta and also held the authorities responsible for the death and suffering of the innocent people. At this stage more people and students assem bled and formed into a mob and the mob took out a procession and paraded the roads of Pabna protesting against the supply of Bhutta as a rationed commodity. Thereafter order under section 144 of the Code of Criminal Procedure was clamped on the town and on 17-3-67 at about 4-30 p.m. a police party headed by Officer-in-Charge of Pabna, Sadar Police Station, raided the house of the detenu and arrested him at his residence and took him to the Police station, from where he was sent to the Pabna Jail. .

Over the Pabna Bhutta incident on the (6th March 1967 several criminal, cases were started against several persons includ ing the petitioner and the petitioner did not get any bail from the Magistrate.

On 8-4-67 an order purported to be under the signature of the Deputy Commissioner, Pabna under Rule 32 was served on the detenu.

Thereafter there were other orders. The latest being that of the 2nd October 1967, That order reads as follows :-

No. 1532/C, Dated Pabna, the 2nd October 1967.

Whereas Mr. Meher Ali s/o Zeher Ali of Kacharipara, Pabna Town, P. S. & Dist. Pabna, detained in Pabna Jail under order No. 936-C., dated the 6th July 1967, is reported have acted and likely to act in a manner prejudicial to the public safety and maintenance of public order, the maintenance of peaceful conditions in the country, the maintenance of essential supplies and services;

And whereas 1, A. K. M. Hedayetul Huq, C. S. P., Deputy Commissioner, Pabna, am satisfied that with a view to preventing the said Mr. Meher Ali from acting in any manner prejudicial to the public safety and the maintenance of public order, the maintenance of peaceful conditions in the country and the maintenance of essential supplies and services, it is necessary to snake the following order :----

Now, therefore, in exercise of the powers conferred by clause (b) of sub-rule (1) of rule 32 of the Defence of Pakistan Rules, 1965, delegated to me by the Government of East Pakistan Notification No. 115-Poll (II) dated 13-9 67, 1, A. K. M. Hedayetul Huq, C. S. P., Deputy Commissioner, Pabna do hereby direct .:---

(a) that the said Mr. Meher Ali, shall be detained for a further period , of 3 (three) months with effect from 7-10-67.

(b) that subject to the provisions of clause (a) of this paragraph the said person shall be detained in the Pabna Jail.

Sd. H. Huq,

Deputy Commissioner,

Pabna

2-10-67."

In this case Mr. Nowab Ali, learned Advocate has urged that there is total absence of any material to justify the present detention, which according to him is like placing a canon to kill a mosquito.

The affidavit-in-opposition, in paragraph 8 thereof has set out some details of the alleged activities of the detenu which formed the basis of the satisfaction of the Deputy Commissioner. The activities here narrated are as under :

"8. That with regard to the statements made in paragraph 12 of the petition; it is stated the detenu is associated with political activities since, 1964, when lie became a member of the reception Committee formed for the recep tion of Mr. Sheikh Mujibar Rahman, the Awami League Leader. He is also associated with the Motor Employees Associa tion which is controlled by Awami League. They materials containing reports regarding the aforesaid prejudicial activities of the detenu were placed before the Deputy "2:,p-nissioner, Pabna who on a perusal of the same was satisfied that the detenu was acting in a manner prejudicial to public safety, maintenance ..f Public order and peaceful condition is the country and maintenance of essential supplies and services and he was further satisfied that with a view to preventing the detenu from acting in the aforesaid prejudicial manner, detention of the detenu was necessary and accordingly on 8-4-67 he directed the detention of tile detenu under Rule 32 (i)(b) of the Defence of Pakistan Rules and the same was served upon the detenu on the same day."

The first allegation is that the detenu is associated with political activities since 1964. There is nothing offensive in being associa ted with political activities simpliciter nor merely being a member of the reception committee for receiving certain political leader would be such a mischief as to attract Rule 32 of the Defence of Pakistan Rules. Being associated with Motor Employees Association which is controlled by Awami League, as stated in the same affidavit-in-opposition is something which is totally unintelligible. Mere association with a Motor Employees, Associ ation cannot be an offence and a Motor Employees' Association as that cannot be illegal if it is merely controlled by Awami League. Now if those are the materials, as stated above, we fail to see any materials to justify the present detention. It is a pity that a poor Motor driver with such a large family has been held in detention in this fashion for such a long time.

In the circumstances, as stated above, we make the Rule absolute and it is directed that the detenu be set at liberty forth with if not wanted in any other connection.

Rule made absolute.

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