KARACHI, Nov 23: The Sindh High Court was informed on Friday that deputy chief of Jamaat-i-Islami, Liaquat Ali Baluch, was detained in the Central Prison for 15 days under Maintenance of Public Order.
This was submitted by the advocate-general Sindh, Raja Qureshi, when the petition filed by Prof Ghafoor Ahmed, challenging the detention of Mr Baluch, came up for hearing before a division bench, comprising Chief Justice of the SHC Justice Saiyed Saeed Ashhad and Justice Musheer Alam.
The AG placed on record the detention order under MPO, which is valid until Nov 28.
Raja Haq Nawaz advocate submitted that his client had not been served with an order of detention and he therefore was not aware of the reasons for his confinement in the Central Prison, Karachi.
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 and 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.
Raja Qureshi placed on record the order dated Nov 14, passed by the government of Sindh in exercise of powers vested under sub-article (4) of article 10 of the Constitution.
He contended that the government, upon being fully satisfied and with a view to prevent the detainee from acting further in any manner prejudicial to public safety and also in maintenance of public order.
He 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 for 15 days, commencing from Nov 14.
It was also contended by the advocate-general that in view of the alleged subversive activities, there was sound reasons before the government to believe that if the detainee was allowed to remain free, he would continue to create problems, which were detrimental to law and order.
Following the submissions of the advocate-general, the petitioner sought time for amending the petition. The bench fixed the matter for Tuesday, Nov 27.
The counsel further sought production of the detainee for the purpose of swearing an affidavit, which was resisted by the advocate-general in terms that the Sindh Chief Court Rules permit a commissioner for taking affidavit to proceed the Central Jail for the purpose of swearing an affidavit. Thus no fruitful result would come out if the production of detainee was made before the division bench.
Mr Baluch, who was the coordinator of Pak-Afghan Defence Council, was taken into custody for his strong criticism of the government’s policy of aligning with the US-led coalition.
The petitioner had contended that criticizing the government and mobilising the people against its policies, which were perceived to be a threat to the country’s unity, integrity, sovereignty and solidarity of Pakistan, was not a crime.