Case Details

Citation(s)
1980 SLG 3101 = 1980 SLD 3101 = 1980 PLD 23
Quetta High Court
Constitutional Petition No. 103 of 1979, decided on 4th July 1979.
Presented By: M. A. Rashid and Zakaullah Lodhi, JJ
Munawar Ahmed Mirza for Petitioners. Muhammad Yousuf Chaudhary, Asstt. A: G. for
Respondents Nos. 1 to 3.
Respondent No. 4 in person. Amir-ul-Mulk for
Respondent No. 5. Khalid Malik for
Respondent No. 6.

GHULAM YASIN AND ANOTHER-Petitioners

VERSUS

DISTRICT MAGISTRATE-CUM-DEPUTY COMMISSIONER, KALAT AND 5 others-Respondents

Law: Pakistan Citizenship Act, 1951

Section: 16, 17, 18

Law: Pakistan Citizenship Rules, 1952

Section: 23, 26

Pakistan Citizenship Act (II of 1951) Ss. 16, 17 & 18 read with Pakistan Citizenship Rules, 1952, ff. 23 & 26-Domicile Certificate-Every citizen possessed of right to c4aim Domicile Certificate-Claim once accepted, after due verification, cannot be taken away arbitrarily--Government, however, vested with powers to cancel such certificate if found to have been obtained by means of fraud, false representation or concealment of facts-Cancellation of domicile certificate on extraneous ground, behind back of citizen and without any inquiry-Held, in violation of principles of natural justice and without lawful authority.-[Natural justice, principles of]. Noor Muhammad v. Province of West Pakistan and another P L D 1971 Lah. 367; Shahbaz Khan v. Government of Baluchislan P L D 1977 Quetta 22 and Miss Nasreen Fatima A wan v. Principal of B.7lan Medical College and others P L D 1978 Quetta 17 ref. Date of hearing : 26th June 1979.                                                                                                                                   JUDGMENT ZAKAULLAH LODHI, J.-The two petitioners are related inter se as father and son. The first petitioner joined service in earstwhile Baluchistan States Union on 3rd April 1955 and remained posted in Kalat Division until 1972. Thereafter he was transferred to Quetta but was. again posted at Kalat. However since Ist December 1976 he is posted at Quetta, His total stay in Baluchistan comes to 22 years approximately out of which stay at Kalat was for little over 18 years. It was in 1976 that he applied for a -Domicile certificate which was issued to him after abut two years on 19th March 1979. The second petitioner's name also appears in this Domicile certificate. 2. The second petitioner was born at Kalat and was educated there up to Middle Standard. Thereafter he passed his…
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