Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan (1973) Art. 199 - History-sheet, opening of - Laches, Petitioner having a recurring cause of action question of delay in filing petition against opening of history-sheet, held, does notarise-Petitioner convicted only in one case and no conviction recorded in other cases-Petitioner also not served with show--cause notice before taking action against him---Opening of history--sheet and entering petitioner's name in surveillance register, held further, without lawful authority and of no legal effect.---[Natural justice, principles of] Arsala Khan v. Province of Sind through Secretary, Government of Sind, Karachi and 3 others P L D 1976 Kar. 848l; Aftab Alam alias Matoo v. Province of Sind and 2 others P L D 1978 Kar. 645 and Government of West Pakistan v. Muhammad Akhtar Mir P L D 1971 S C 55 ref. Date of hearing : 20th May, 1981.                                                                                                                                                 JUDGMENT AJMAL MIAN, J.-----This petition is directed against the action of the respondent No. 3 opening history-sheet, against the petitioner in 1961. The allegation of the petitioner is that before opening the above history sheet no notice was given to the petitioner as was required under the law nor other provisions of the relevant rules were complied with. The respon dent has not filed any counter-affidavit to refute the above allegations. On the contrary, Mr. Abdul Sattar Shaikh, learned Additional Advocate-General appearing for the respondents conceded that the above action of the respondents No. 3 cannot be sustained, in view of the case-la w on the subject. Learned counsel for the petitioner has referred to the cases of Arsala Khan v. Province of Sind through Secretary, Government of Sind. Karachi and 3…