Law: Police Rules, 1934

Section: 23.8,23.9

Law: Constitution of Pakistan, 1973

Section: 199

(a) Police Rules, 1934-------Rr.23.8 & 23.9---Constitution of Pakistan, 1973, Art.199---Constitutional petition---History sheet of petitioner was opened on the allegation that he was hardened criminal and was reasonably believed to be edicted to crimes or had aided and abetted crimes in the past---Authorities, in that regard had referred to various F.I.Rs. available on record wherein petitioner had a role in one capacity or the other---Validity---Petitioner was not given any notice of the proceedings undertaken against him under Rr.23.8 & 23.9 of the Police Rules, 1934 as a consequence whereof history sheet was opened---Proceedings against petitioner were taken in haste and without application of independent mind---Action of authorities against petitioner smacked of mala fide--Verdict of conviction was not pronounced against petitioner in any of such cases rather he was acquitted of the charges honourably---Opening of history sheet against a person and entry of his name in the Surveillance Register, was an act which could not be kept as a guarded secret by the police---Consequences of such act were that same became known to the headmen of the village and other prominent persons of the locality which in turn would tend to form an adverse opinion against a person to be kept under surveillance---Petitioner, on account of such action by the authorities, was belittled in the eyes of people of the locality to which he belonged---Initiation of an action in that regard would be to the detriment of reputation of the person so subjected to the exercise---Preparation of history sheet of petitioner, without notice to him and without providing opportunity of hearing to him and the entry of his name in the surveillance Register, was against the principles of natural justice, thus was without lawful authority, void and inviolative of the rights of the petitioner.Government of Pakistan v. Muhammad Akhtar Mir PLD 1971 SC 55; PLJ 1971 Cr. Cases Kar. 19 and PLD 1974 SC 31 rel.(b) Words and phrases-------"Reasonable"---Meaning and scope.JUDGMENT HAMID FAROOQ DURRANI, J.---The petitioner has questioned, by way of instant constitutional petition, the opening of history…