KARACHI, Nov 28: Detention of Liaquat Ali Baluch, deputy chief of Jamaat-i-Islami, under MPO was extended for another fortnight by the Sindh government which claimed that his internment was necessary for public safety.
This was submitted by the AG Sindh, Raja Qureshi, on Wednesday when the petition filed by Prof Ghafoor Ahmed, challenging the detention of Mr Baluch, came up before a division bench.
The advocate-general made this submission in compliance to a direction of the court on Tuesday to state whether he had any knowledge of extension in Mr Baluch’s detention.
The division bench comprised Chief Justice of the Sindh High Court, Justice Saiyed Saeed Ashhad and Justice Musheer Alam.
At the very outset, Raja Qureshi informed the court that the order of detention of Mr Baluch was expiring on Wednesday but a fresh order of his detention for further period of 15 days has been passed.
He, therefore, contended that the present petition had become infructuous and was liable to be dismissed.
Consequently, it was contended by the AG Sindh that the order had been served upon the detainee in jail, giving him a fresh cause of action so as to file a fresh petition, challenging his order of detention.
The Sindh government’s detention order of Nov 28, said Liaquat Baluch was detained for 14 days in exercise of powers vested under Sub-Article (4) of Article-10 of the constitution from Nov 14 to 28.
“In view of the subversive activities, there are sound reasons to believe that if he is allowed to remain free, he would continue to create problems which are detrimental to law and order”.
The government, therefore, contended in the order that upon being fully satisfied and with a view to prevent detainee Liaquat Baluch from acting further in any manner prejudicial to public safety and also in maintenance of public order, his detention was necessary, and hence the Sindh government extended his detention for 15 day during which he would remain in Central Prison, Karachi, from Nov 29 to Dec 13.
On the other hand counsel for the petitioner, Raja Haq Nawaz, sought time from the court to raise his contention on the premise that the petition had not become infructuous and that even second order was in continuation of the first order of detention.
The division bench directed the counsel for the petitioner to make his submission on examining the second order of detention and to primarily convince the court as to how the pending petition was maintainable in the light of the fresh order of detention. The petition was, thereafter, adjourned to a date in office.
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 can be taken except in accordance with law.
Mr Baluch, who is the coordinator of Pakistan-Afghan Defence Council, was taken into custody owing to his strong criticism of the government’s policy of aligning with the US-led coalition.































