Law:

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Constitution of Pakistan (1962)-------Art. 98-Petitioner suppressing material fact in his petition-High Court, held, justified in dismissing petition holding that he had not approached Court with clean hands. Hamiduddin, Advocate Supreme Court instructed by Masood Akhtar, Attorney for Petitioner. Nemo for Respondents. Date of hearing : 4th November 1968. JUDGMENT FAZLE-AKBAR, C. J.-The petitioner seeks special leave to appeal against the judgment and order of a Division Bench of the High Court of West Pakistan at Lahore dismissing a writ petition. The facts briefly are as follows :- The petitioner, Abdur Rashid, who is a Pakistani national, was carrying on an import and export business at Zahidan (Iran) under the name and style of "Bazargani Abdul Rashid, Zahidan". His brother, Muhammad Tufail, also carried on business there under the name of "Muhammad Tufail & Brothers". In December 1963, when Tufail went to Zahidan, Pakistani currency of the value of Rs. 1,20,000 was recovered from his possession. A case was duly registered against him by the Iranian Authorities but as the case did not fall within the purview of the Iranian Foreign Exchange Control Regulation, the seized amount was returned to Tufail. His younger brother, Abdur Rashid (the present petitioner) was also taken into custody by the said authorities for abetting his brother in the commission of the alleged offence but he was also discharged. Because of his complicity in the afore­said smuggling case Abdur Rashid was considered to be an extremely undesirable person to stay abroad and, therefore, it was decided to restrict the validity of his passport. 1n the first week of July 1967, under the orders of Pakistan Consul at Zahidan Abdur Rashid deposited his passport in the Consul's office. After a couple of months he was informed by the Consul that the Government of Pakistan had decided that he should be asked to go back to Pakistan. As he did not receive any reply…

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