Law: Security of Pakistan Act (XXXV of 1952)

Section: 3 (1) (c)

P L D 1956 (W. P.) Karachi 295          Security of Pakistan Act (XXXV of 1952), S. 3 (1) (c) Grounds for externment-Some within ambit of Act and some not-Order of externment not thereby vitiated.   The person proceeded against was externed not only on the ground of his activities being against high officers but also on other grounds.   It was contended for the petitioner that where some of the grounds were within the ambit of the Act and some outside it, the order of externment was wholly vitiated as it would be impossible to say which of the grounds influenced the authority concerned to order externment.   Held, that the order of externment was not vitiated.   Abdul Latif Afghani P L D 1951 Lah. 217, ref.   In re : Rajdhar Khan Patel A I R 1954 S C 179 Shibban Lal Saksena v. State of Uttar Pradesh and others, A I R 1943 F C 1 and Keshan Talpade v. Emperor A I R 1950 Mad. 162 mentioned.     JUDGMENT   INAMULLAH, J.-The present petition is directed against an order passed by the Chief Commissioner of Karachi on April 21, 1955, whereby he externed petitioner from Karachi for the period of one year under clause (c) subsection (1) of section 3 of the Security of Pakistan Act, 1952. The petitioner has prayed that a writ in the nature of mandamus be issued calling upon the respondent, Chief Commissioner of Karachi, to refrain from enforcing the order of externment passed against the petitioner.   The relevant facts, as disclosed in the petition, are these :-   The petitioner migrated to Pakistan in 1947 and was employed as Inspector of Police at Karachi till December 30, 1952, when his services were dispensed with by the Inspector-General of Police, Karachi. The petitioner filed a suit in the Chief Court of Sind for a declaration that the order passed by the Inspector-General of Police was illegal. The suit was decreed, but in appeal, however, it was dismissed. The petitioner filed an application before the Federal Court of Pakistan for special leave to appeal, which the Federal Court has been pleased to grant.   It is alleged in the petition that, after the dismissal of the petitioner…