Law:

Section:

Keywords: Natural Justice, Conviction, Grounds, Province, Illegal, Show-Cause Notice, Failure, Register, Order, Constitution Of Pakistan, Offences, Constitutional Petition, Notice, Division, Audi Alteram, Invalid, Provisions, Government, Violation, Petition, Petitioner, Claims, Set Aside, Costs, Constitution Result: Petitions allowed JUDGMENT Z. A. CHANNA, J. -These two constitutional petitions assail the entry of the names of the two petitioners one of whom claims to be a Tailor Master and the other a businessman and a shopkeeper, in the Police Surveillance Register under the provisions of the Punjab Police Rules. 2. In Constitutional Petition No. D-289/1978, the pertinent facts are that the name of petitioner Malik Siraj was entered in the Police surveillance register and his history sheet was opened at the Market Police Station under Rule 23.9 of the Punjab Police Rules. This action was taken on the basis of the adverse police record of this petitioner and the'' further fact that he had been involved in 13 criminal cases. It is claimed by petitioner Malik Siraj that it was only recently that he has come to know of the opening of his history-sheet when he found some police men posted at his tailoring shop. The opening of the history sheet has been assailed by this petitioner on the grounds, firstly, that no show-cause notice was given to him prior to the opening of the history-sheet, inn secondly, that history sheet of a person can only be opened in accordance with the provisions of rule 23.9 of the Punjab Police Rules in respect of persons who are habitually addicted to crime. It is the case of the Petitioner that since he has not been convicted in any case, he cannot be considered to be habitually addicted to crime for the purposes of the above rule. 3. In Constitutional Petition No. D-375/77, the facts are that on 20th May 1975, petitioner Muhammad Yousuf received a show-cause notice requiring him to explain why his history sheet should not be opened and his name entered in the Police surveillance register. He replied to the show-cause notice explaining that he had not been convic ted in any case but his explanation was not accepted and his history -sheet…

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