Law: Foreigners Order, 1951

Section: cl. 7

Foreigners Order, 1951, cl. 7---Pawenda tribe-Member cannot claim to be treated as higher than a "nomad" under Notification dated 19-10-1954-Open to Government not to permit stay in Pakistan beyond certain date-Not obliged to give reasons --Foreigners Act (XXXI of 1946), Ss. 2 (a), 3 & 10 --- Foreigners Order, 1951, not "delegated legislation"--Not invalid--[Soho Gyanchandani v. Crown P L D 1952 F C 29 considered].     JUDGMENT   INAMULLAH, J -This is a writ petition for quashing the order dated the 26th May 1960, whereby the petitioner has been called upon to leave Pakistan and for a writ of mandamus directing the respondents not to implement the order of externment dated the 26th May 1960, or to prosecute the petitioner in case of his failure to comply with the said order. The facts as given in the petition are these :-   The petitioner claims to be a member of the Pawenda tribe who stay in Pakistan for six months and the other six months in a year in Afghanistan. Some of the members of this tribe have settled permanently in Pakistan and are exempt from passport or visa. The petitioner carries on money-lending business in Karachi. The petitioner was served with a notice dated the 26th May 1960, informing him that the Government of Pakistan was not prepared to permit him to extend his stay in Pakistan beyond 30th June 1960. The petitioner by this order was asked to make arrangement to leave Pakistan. In case of failure to leave Pakistan, the petitioner was liable to be prosecuted for the contravention of the provisions of clause (7) of the Foreigners Order, 1951.   A counter-affidavit has been filed by Muhammad Yunus Ali Khan P. I. Immigration,C. I. D. Branch, Karachi, on behalf of the respondents. It is stated in the counter-affidavit that the petitioner is an Afghan national and not a person whose case will be covered by Notification issued on the 19th October 1954. According to this Notification nomads in Pakistan who leave for Afghanistan In summer are exempted from the application of the provisions of clause (7) of the Foreigners Order, 1951. The petitioner according to the counter-affidavit does money…