2004 P Cr (PLP)
JOHN DENEYS VANRENEN TAYLOR — Petitioner Versus THE STATE and another — Respondents
| Citation | 2004 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | JOHN DENEYS VANRENEN TAYLOR — Petitioner Versus THE STATE and another — Respondents |
| Primary Law | Foreigners Act (XXXI of 1946) |
Q1: What are the key laws and sections cited in 2004 P Cr (PLP)?
This judgment primarily cites: Foreigners Act (XXXI of 1946) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2004 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2004 P Cr (PLP) (JOHN DENEYS VANRENEN TAYLOR — Petitioner Versus THE STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sahibzada Anwar Hamid for Petitioner
Headnotes / Summary
S. 14
Pakistan Citizenship Act (II of 1951), S.3
Constitution of Pakistan (1973), Art. 199
Constitutional petition
Quashing of F.I.R.-- Case against accused was registered under S.14 of Foreigner Act, 1946 as Passport issued to him by U.K. Government, did not contain a visa entry
Contention of accused was that his mother having born, died and buried in Pakistan, he was citizen of Pakistan and that F.I.R. registered against him was without lawful authority and was liable to be quashed-- Accused stated that his previous passport was stolen and a fresh passport was issued to him by U.K. Government through High Commission in Islamabad
Police Official had confirmed that accused had provided birth certificate and also death entry of his mother who died and buried in Pakistan
Constitutional petition filed by accused was disposed of with direction that Investigating Officer would verify certificate provided by accused and in case it was found to be genuine, F.I.R. registered against him would stand quashed and he would be released immediately from the jail.
Judgment & Decree
The petitioner is stated to be a Director of Renala Estate (Pvt.) Ltd., Okara. There is some on-going litigation between the said company and Federal Government pertaining to dispute arising out during the proceedings under the various land reforms regulations. It has been stated that the mother of the petitioner was born at Abbottabad. She died in Pakistan and is buried in the said land. Now on 22-12-2003 Safdar Hussain, S.-I., Police Station Aabpara, District Islamabad confronted the petitioner and a companion. He presented his passport issued by U.K. Government. The passport did not contain a visa 'entry. He was accordingly arrested and case under section 14 of the Foreigners Act, 1946 was registered.
2. Learned counsel for the petitioner with reference to section 3 of Pakistan Citizenship Act, 1951, contends that the mother of the petitioner having born, died and buried in Pakistan, his client is citizen of this country and F. I. R. is without lawful authority. Learned A.A.-G. on the other hand, states that let the petitioner produce relevant document which will be considered.
3. The petitioner present in custody reiterates the said facts noted above. According to him his previous passport was stolen and a fresh passport was issued by U.K. Government through High Commission in Islamabad. The police official present confirms that the learned counsel for the petitioner has provided the birth certificate as also death entry of the mother of the petitioner. This writ petition is accordingly disposed of with direction that the said I.O. verify the said certificate within two days and in case it is found to be genuine, the F.I.R. shall stand quashed and the petitioner shall be released immediately from the jail. A copy of this order be remitted to the Superintendent, Central Jail, Adiala to remain in contact with the said I.O. H.B.T./J-43/L Order accordingly: