KARACHI, Nov 27: A division bench of the Sindh High Court adjourned on Tuesday to Wednesday the hearing of an amended petition challenging the detention of a deputy chief of the Jamaat-i-Islami, Liaquat Ali Baluch, with a direction to the advocate-general to state whether he had any knowledge of extension in his detention.

The bench comprised Chief Justice of the Sindh High Court Justice Saiyed Saeed Ashhad and Justice Musheer Alam.

When the amended petition was taken up, as per court’s direction, after the AG had placed the detention order on record on the previous hearing, the counsel for the petitioner contended that the order was mala fide.

Raja Haq Nawaz, the counsel for the petitioner, submitted that the order was placed on record after nine days of detention, saying that Mr Baluch was interned for 14 day under the MPO.

His contention was that the said order was mala fide because his client was not informed about the cause of his detention at the time of his arrest.

He also contended that the detention order was not a speaking order.

At this point the chief justice asked the advocate-general, Raja Qureshi, if he had any knowledge of extension in the detention period?

“Not to my knowledge,” was the AG’s reply. The chief justice then observed that since the detention period would end on Wednesday, let the matter be adjourned till tomorrow and let the AG inform the court in this regard.

The Sindh government’s detention order of Nov 14 was passed in exercise of powers vested under sub-article (4) of article 10 of the Constitution.

The government had contended that upon being fully satisfied and with a view to preventing the detainee, Liaquat Baluch, from acting further in any manner prejudicial to public safety and also in maintenance of Public Order, his detention was necessary.

It submitted that in view of that the provincial government had considered it necessary to keep the detainee in custody. Hence he was detained in the Central Prison, Karachi, for 15 days from Nov 14 to Nov 28.

The AG also contended that in view of the alleged subversive activities there was sound reason before the Sindh government to believe that if the detainee was allowed to remain free, he would continue to create problems detrimental to law and order.

Haq Nawaz was apprehensive about the extension in the detention period, hence the amended petition. He also recalled the circumstances in which the detainee was arrested and sent to prison.

It was the case of the petitioner that the impugned order of detention, apart from being without lawful authority, was misuse of authority and jurisdiction, coercive, mala fide, arbitrary, unjust and violative of articles 2-A, 4, 9, 10, 20 & 25 of the Constitution.

It was also contended that article 19 envisaged freedom of speech and expression while no action detrimental to life, liberty, body, reputation or property of any person could be taken except in accordance with law.

Mr Baluch, the coordinator of the Pak-Afghan Defence Council, was taken into custody due to his strong criticism of the government’s policy of aligning with the US-led coalition which has battered Afghanistan, in reprisal attacks against the Taliban and Osama Bin Laden, killing a large number of civilians.

The petitioner had contended that criticizing the government and mobilizing the people against its policies, which were perceived to be a threat to the country’s unity, integrity, sovereignty and solidarity, was not a crime.

NOTICE TO CITY GOVT: The Sindh High Court issued on Tuesday showcause notice to the District Officer Land, City Government Karachi, and directed him to appear in the court on Dec 20 and explain the reasons for not complying with the court notice earlier issued to him.