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Writ Petition No. 9234 of 1980, decided on 21st September. 1980.

-- Art. 199-Security of Pakistan Act (XXXV of 1952), S. 3(1), cl. (2) and Official Secrets Act (XX of 1923), S. 3-Preventive detention--Enough material against petitioner for passing order of detention available on record-No exception, held, can be taken to order of detention and mere fact of petitioner having been acquitted by Field General Court Martial of charge for an offence under S. 3 of Official Secrets Act, 1923 no impediment to his subsequent detention under Security of Pakistan Act. 1952.----[Preventive detention].

M. A. Zafar for Petitioner.

Syed Iftikhar Ahmad. Deputy Attorney-General for the State.

The order of detention passed by Government of Pakistan Ministry of Interior, on 19th June 1980, against Mushtaq Ahmad, has been challenged through this petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973 read with clause (2) of the Laws (Continu ance in Force) Order, 1977.

2. The Federal Government was satisfied that Mushtaq Ahmad petitioner was acting in a manner prejudicial to the security of Pakistan. In exercise of the powers conferred by clause (2) of section 3(1) of the Security of Pakistan Act, 1952, the Federal Government with a view to preventing Mushtaq Ahmad petitioner from acting in a manner prejudicial to the security of Pakistan, passed an order of detention of Mushtaq Ahmad petitioner for a. period of three months. This order was to take effect on the day of the execution of the order on the detenu. The grounds of detention were also supplied to the petitioner. It was revealed in the grounds of detention that Mushtaq Ahmad hay: been spying in Pakistan on behalf of a foreign country. His activities were prejudicial to the security of Pakistan.

3. It was contended by the learned counsel for the petitioner thus the petitioner was challaned under section 3 of the Official Secrets Act, 1923, and tried by Field General Court Martial at Sialkot but was acquitted from the charge; that after his acquittal the petitioner was sent to civil prison and a detention order was passed against him. It was also contended that there was no material with the detaining authorities to pass an order of detention; that the order of detention was mala fide; and that the impugned order was illegal as it was to take effect from the date of execution of the said order on the detenu.

4. The arguments have been considered and the record of the Government of Pakistan, Interior Division has been perused. The comments sent by the Ministry of Interior have also been examined. After having gone through the record I hold that no exception could be taken to the order of detention. There was enough material against Mushtaq Ahmad petitioner for passing an order of detention. The petition is without merits and is dismissed.

Petition dismissed

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