| Citation(s) |
|---|
| 1984 SLG 401 1984 SLD 401 1984 PLD 392 |
Sindh High Court
Civil Petition No. 214 of 1984, decided on 10th May, 1984. DATE of hearing : 2nd May, 1984
AJMAL MIAN AND HAIDER ALI PIRZADA, JJ
Siddique Mirza for Petitioner. Muhammad Ibrahim Memon, Addl. A.G. for
Respondents
Civil Petition No. 214 of 1984, decided on 10th May, 1984. DATE of hearing : 2nd May, 1984
AJMAL MIAN AND HAIDER ALI PIRZADA, JJ
Siddique Mirza for Petitioner. Muhammad Ibrahim Memon, Addl. A.G. for
Respondents
ESSA
VS
GOVERNMENT OF SIND THROUGH THE HOME SECRETARY, GOVERNMENT OF SIND, KARACHI AND another--Respondents
Law:
Section:
(a) (a) Foreigners Act (XXXI of 1946)-- S. 3-Scope and application of S. 3. Link (b) Foreigners Order, 1951-- Purpose, scope and application of order stated. Link (c) Foreigners Act (XXXI of 1946)- -- Ss. 3 & 12 - Foreigners Order, 1951, Art. 15 (B)-Notification No. 10/6/54-Poll. (l), dated 14-3-1958-Province of West Pakistan (Dissolution) Order (1 of 1970), Art. 19-West Pakistan Administration (Merger of Federal Territory of Karachi) Order (t of 1.961)-Capital of the Federation Order, 1955, Art. 2-Provincial Government after dissolution of West Pakistan having become competent to exercise powers even in respect of Karachi Division-Record indicating that detentions were ordered by Provincial Government in pursuance of directives of Federal Government-Such orders, held, legal-History of legislation qua powers of Chief Commissioner, Commissioner and Provincial Government for Karachi area traced. Mansab All v. The N.-W. F. P. Government P L D 1954 Pesh. 84 and Akhtar Khan v. Commissioner, Karachi and 2 others P L D 1972 Kar. 132 distinguished. Captain Muhammad Azhar v. Commissioner of Karachi and another P L D 1966 S C 253 ref. JUDGMENT AIMAL MIAN, J.- The petitioner is a student having Jordanian nationality. He has filed the present petition to challenge the detention of his two fellow students, who are also according to him Jordanians, namely, Ayyad Fayag son of Abdul Latif issa, and Muhammad Essam Ghazi, hereinafter referred to as Fayag and Ghazi respectively. 2. The brief facts leading to the filing of the above petition are that in pursuance of two separate order, dated 4-3-1984, issued by respondent No. 1 under section 3(2)(g) of the Foreigners Act, 1946, hereinafter referred to as the Act, read with the `Ministry of Interior' Notification No. 10/6/54-Poll-(i), dated 11-3-1958, the detenus were taken in custody on 5-3-1984 and were committed to the custody of the Superintendent, Central Prison, Karachi, for a period of 7 days. In the above order it was stated that the Government of Sind was satisfied with a view to preventing the above detenus from acting in a manner prejudicial to the security of Pakistan, it was expedient and necessary to arrest…
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