Law:

Section:

Foreigners Act, 1946-- ----S. 3--Foreigners Order, 1951, Art. 3(3)--Constitution of Pakistan, 1973--Art. 185(3)--Privileges and rights of the foreigners--Question of law--It is a privilege and not the right of a foreigner to be enforced through a Constitutional petition and it lay in the absolute domain and discretion of the Federal Government to permit entry or refuse it within the parameters of the law fit case for the grant of leave--Order accordingly. [P. 279] A PLJ 1997 Lah. 1782; PLD 1980 Pesh. 275 and 1986 CLC 1123 ref. Order Rana Bhagwandas, J.--Petitioners are aggrieved by a Division Bench judgement of the Lahore High Court, Rawalpindi Bench dated 28.7.2004, passed in I.C.A. against the order dated 6.7.2004, passed by a learned Judge in chambers of the High Court. 2. While the learned single Judge dismissed the Constitutional petition of the respondent, as being incompetent Division Bench allowed the appeal, set aside the order of the learned single Judge and declared the order dated 24.6.2004 passed by Petitioner No. 1, as illegal and void, directing the petitioners to extend visa of the respondent for a further period of four years. Respondent, a Sudani national, has been managing and rendering the affairs of Qatar Charitable Society, an N.G.O. at Islamabad and staying in Pakistan under a valid permit/visa. On expiry of the period of his visa, he pleaded for extention thereof which was declined and the permission already granted cancelled on the basis of certain allegations and adverse reports against him. He challenged the action of the petitioners through a Constitutional petition which was dismissed as aforesaid. He, however, succeeded in appeal before a bench of the High Court, hence this petition for leave to appeal. 3. We have heard Mr. Nasir Saeed Sheikh, learned DAG for Pakistan and Dr. Babar Awan, learned ASC for the respondent. 4. With reference to Section 3 of the Foreigners Act, 1946 and Article 3(3) of Foreigners Order, 1951, learned DAG contended with vehemence that it is the prerogative of the Federal Government to permit or refuse…

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