IBRAHIM versus DEPUTY MARTIAL LAW ADMINISTRATOR KARACHI

Constitution of Pakistan (1973), Arts 199 and No. 12 with 10 detention not read Restrictions under the Martial Law Order by the authority to properly discuss the grounds of detention within 20 days of the order of detention. Dento did not work at the time of the founding of the detention grounds. The detention was initiated from the very beginning, 18 days after the detention extension order, the detention grounds do not apply their mind to the detention authority to ask whether the detention, the extension grounds. First detention order is being aborted due to absence

P L D 1979 Karachi 571

Before Z. A. Channa and Mushtak Ali Kazl, JJ

IBRAHIM‑Petitioner

versus

DEPUTY MARTIAL LAW ADMINISTRATOR, KARACHI AND ANOTHER‑Respondents

Constitutional Petition No. D‑1445 of 1978, decided on 11th March 1979.

Martial Law Order, 1977 [C. M. L. A s]‑

‑ No. 12 read with Constitution of Pakistan (1973), Arts. 199 & 10‑Detention under Martial Law Order 12‑Obligatory on part of detaining authority to communicate grounds of detention well within 20 days of order‑Grounds of detention not served on detenu at time of making first order‑‑Such detention bad from very inception‑Grounds of detention served on detenu 18 days after order of extension in detention ‑Detaining authority not applying its mind to question whether further detention necessary‑Held, first deten tion order being vitiated on account of absence of grounds of deten tion, extension of detention based on first order also of no legal force.‑[Preventive detention].

Mumtaz Alt Bhutto and another v. Deputy Martial Law Administrator P L D 1979 Kar. 307 fol.

Government East Pakistan v. Mrs. Rowshan Bijaya Shaukat Ali Khan

P L D 1966 S C and Arbab Muhammad Hashim and another v. The Crown PLD1954FClref..

Hussain Shah Rashdi for Petitioner.

Fazle Hussain Mirza, Asstt. A.‑G. for Respondent.

Dates of hearing : 6th and 7th March 1979.

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