Case Details

Citation(s)
2020 SLG 1270 2020 SLD 1270 2020 PLD 453
Lahore High Court
Writ Petition No. 4276 of 2020, decision Dated: 19th March,2020.
JAWAD HASSAN, JUSTICE
Mian Tanveer Kamran for Petitioner.Ch. Shahid Aleem, A.P.G. for
Respondents Nos.1 to 4 (on Court call).

TANVEER CHISHTIVSCITY POLICE OFFICER AND OTHERS

Law:

Section:

(a) Words and phrases--- ----'Emigration' and 'immigration'---Distinction. Black's Law Dictionary 11th Edition ref. (b) Words and phrases--- ----'Emigrant' and 'immigrant'---Definition and distinction---'Emigrant' meant a person who left his/her own country in order to settle permanently in a foreign country, while 'immigrant' meant a person who came to live permanently in a foreign country. Words and Phrases Volume 14-A and 20 Permanent Edition ref. (c) Words and phrases--- ---'Overseas'---Definition. Oxford Advanced Learner Dictionary New 8th Edition ref. (d) Punjab Overseas Pakistanis Commission Act (XX of 2014)--- ----Ss. 2(g) & 2(i)---Complaint filed by 'Overseas Pakistani' before the Punjab Overseas Pakistanis Commission ('the Commission')---Pre-requisites---Commission, had to firstly, ensure that the person preferring a complaint to it, fell under the definition of "Overseas Pakistani", before taking any step, under the Punjab Overseas Pakistanis Commission Act, 2014 ('the Act') or proceeding with his complaint---For a complainant, this was the necessary foundational touchstone, which was required to be met, for putting in place the extraordinary forum to seek redressal of his grievance, against a Government Agency, and it was this very quintessential part, which was required to be determined, in the first instance by the Commission, before proceeding with the complaint, and adopting the mechanism of transmitting the same to the Government Agency, while recommending initiation of disciplinary actions against the delinquent. (e) Punjab Overseas Pakistanis Commission Act (XX of 2014)--- ----S. 2(i)---Complaint filed by 'Overseas Pakistani' before the Punjab Overseas Pakistanis Commission ('the Commission')---'Overseas Pakistani'---Scope---Person merely having nationality of another country but living in Pakistan permanently could not be termed as an Overseas Pakistani [for purposes of the Punjab Overseas Pakistanis Commission Act, 2014 ('the Act')---Said Act provided mechanism for redressal of grievance and protection for Overseas Pakistani only and not for every dual national---In order to invoke jurisdiction of the Commission, a person had to show that…
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