1989 PLP 3253 (MLD)

Syed Ahmed Farooqui for Petitioners. Date of hearing: 13th February 1989. ABDUL RAHIM KAZI, J.--The case of the petitioners is that the petitioners, originally East Pakistanis opted to reside in Pakistan after fall of Dhaka in 1971 and are thus the bona fide citizens of Pakistan. It is further claimed that the Respondents No.5 to 10 who are the Police Officials are causing harassment to them and have arrested two of the employees of the petitioner No.] namely Shahabuddin son of Muhammad Idrees and Abdul Shakoor son of late Amanullah. It is further alleged that the said respondents have taken the money from them illegally and in spite of number of applications and representations to the higher authorities nothing has been done in this behalf. The petitioners thus prayed for the following reliefs:- "(a) It is, therefore, humbly prayed that this Hon'ble Court will be pleased to admit this petition, call for the comments/explanation from the respondents, and to declare that the acts of the respondents Nos. 5 to 10 in so far as they are complained hereof are illegal and ultra-vires and in excess of the authority and the power vested in by law or administrative directives insofar the enforcement of law is concerned and to refrain the said respondents from dealing in any manner whatsoever which may be prejudicial and biased to the fundamental rights of the present petitioners as guaranteed under the Constitutional provisions referred to hereinabove and further to direct them to restore/refund the amount of Rs.5,700 to the petitioner No.1 that were looted/extorted under coercion and by means of their mis-use of official authority and rank they enjoyed and also to make good the loss of the poultry business that the petitioner No.1 has suffered so far and further to refrain them from doing any such thing or act against any of the petitioner that each of the respondents Nos. 5 to l0.are not permitted by law to do; (b) To direct the respondents Nos. 5 to 7 to produce before this Hon'ble Court the detained employees namely Shahabuddin son of M. Idrees and Abdul Shakoor son of late Amanullah of the petitioner No.1 and to show cause as to under what authority they have detained such persons in their custody." We had issued the notice to the learned Advocate General Sind, who has explained that the petitioners are not the bona fide citizens of Pakistan but have entered the Country illegally and have obtained forged Identity Cards. They harboured and provided shelter to Bungladeshis who have entered in Pakistan illegally through unlawful means and that it is in order to avoid the legal action that is being taken against them that they have filed this petition. The F.I.Rs. have also been tiled by the learned Advocate-General Sind which show that numerous illegally entered Bungladeshis have been arrested by the Police and the cases have been registered against them. The alleged detenues Shahabuddin and Abdul Shakoor who have been arrested by the Police under F.I.Rs. Nos. 346/88 and 343/88 respectively registered at Pak Colony Police Station under sections 3/2(A)/14 of the Foreigners Act, During the course of arguments the learned counsel for the petitioners stated that the said detenue Shahabuddin has since. been released on bail by the Magisterial Court. In view of the fact that the said detenus were arrested under the said F.I.Rs. the reliefs sought at clause B above cannot be granted as they cannot be - id a held in unlawful custody. As far as the prayers of the petitioners at clause A is concerned we are. of the view that not only the same suffers from multifariouness but also pertains to the claim/refund of money for which the petitioners can possibly seek a reined) by way of Civil suit if so advised. The present petition is dismissed in limine. Above are the reasons for the short order announced by us today in Court. M.A.K./M-797/K Petition dismissed.