Case Details

Citation(s)
2012 SLG 3102 2012 SLD 3102 2012 PLD 45
Islamabad High Court
Writ Petition No. 20 of 2012, decided on 12th January, 2012.
MUHAMMAD AZIM KHAN AFRIDI, JUSTICE
Barrister Nasim Sabir Chaudhry for Petitioner. Raja Inam Amin Minhas for
Respondents.

HAFIZ MUHAMMAD ASLAM

VS

SECRETARY, MINISTRY OF INTERIOR AND others Shabbir Abbasi, Standing Counsel.

Law:

Section:

(a) Foreigners Act (XXXI of 1946)---.--- ---.----Ss. 3 & 14---.---Extradition Act (XXI of 1972), S. 7---.---Constitution of Pakistan, Art. 199---.---Constitutional jurisdiction---.---Scope---.---Deportation of foreign national---.---Determination of nationality---.---Government authorities (respondents) had passed deportation orders against the accused (petitioner)---.---Contention of accused that he had renounced his Norwegian nationality and assumed Pakistani nationality by express declaration duly communicated to the Norwegian Embassy; that his Computerized National Identity Card (CNIC) and certificate of domicile had been renewed, and that he had also instituted a civil suit for seeking declaration with regard to his nationality---.---Validity---.---High Court could not determine the status of nationality and could not enter into in-depth inquiry while exercising constitutional jurisdiction and civil suit in respect of determination of status of nationality of accused was also pending adjudication---.---Constitutional petition was dismissed accordingly. (b) Foreigners Act (XXXI of 1946)---.--- ---.----Ss. 3 & 14---.--- Extradition Act (XXI of 1972), S. 7---.--- Penal Code (XLV of 1860), Ss. 420/468/471---.---National Database and Registration Authority Ordinance (VIII of 2000), S.30---.---Constitution of Pakistan, Art.199---.---Constitutional petition---.---Deportation of foreign national during pendency of criminal cases---.---Determination ofnationality---.---Government authorities (respondents) had passed deportation orders against the accused (petitioner)---.---Contention of accused that status of his nationality was in dispute and until determination of same, process ofdeportation should be postponed---.---Validity---.---Accused was a Norwegian passport holder at the time of entry into Pakistan, and for the purpose of proceedings under Foreigners Act 1946, accused was to be considered a Norwegian national---.---Registration of criminal cases and their pendency till final decision was liability of the accused and privilege of the State, and same could not be used as a tool or converted into a vested right debarring the State front deportation of…
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