2008 PLP 2845 (YLR)
FAIZAN-E-HARAM HAJJ SERVICE (PVT.) LTD. and another — Petitioners Versus MINISTRY OF RELIGIOUS AFFAIRS and another — Respondents
| Citation | 2008 PLP 2845 (YLR) |
| Forum / Court | Karachi |
| Bench Members | Munib Ahmad Khan and Syed Pir Ali Shah, JJ |
| Parties | FAIZAN-E-HARAM HAJJ SERVICE (PVT.) LTD. and another — Petitioners Versus MINISTRY OF RELIGIOUS AFFAIRS and another — Respondents |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 2008 PLP 2845 (YLR)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2008 PLP 2845 (YLR)?
The case was heard and decided by the Karachi bench comprising: Munib Ahmad Khan and Syed Pir Ali Shah, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 PLP 2845 (YLR) (FAIZAN-E-HARAM HAJJ SERVICE (PVT.) LTD. and another — Petitioners Versus MINISTRY OF RELIGIOUS AFFAIRS and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Shaukat Hayat for Petitioner.
Headnotes / Summary
Art. 199
Constitutional petition
Cancellation of said quota along with the registration and the licence
Allegation against petitioners was that they had facilitated some Hajjis of Afghan origin to perform Hajj on Pakistani documents and in that respect an F.I.R. was registered against them under Ss. 3(2) (a) (b), 5, 13 & 14 of Foreigners Act, 1946 and Ss. 420/468/471/109, P.P.C.
Petitioners, however had been acquitted by the Trial Court under S. 265-K, Cr. P. C.
State Counsel had submitted that pros and cons of the case of the petitioners would be considered by the Ministry including their acquittal in the criminal case and that allotment of quota would rest on the final decision of the Committee duly constituted in the criminal case and that allotment of quota would rest on the final decision of such Committee
Petitions were disposed of by the High Court with the direction that the Committee so constituted should consider the petitioners' allotment of Hajj quota keeping in view their acquittal as well as the proof of allegations, available against them. Imran Ahmed, D.A.G. for the State.
Judgment & Decree
In both these petitions, the petitioners have prayed that the cancellation of registration and license of the petitioners which was working as, Hajj Group Organization (HGO) by the respondents is illegal. Learned counsel submits that there was an allegation against the petitioners that they have facilitated some Hajjis of Afghan origin to perform Hajj on. Pakistani document and in this respect an F.I.R. was registered under' sections 3(2)(a)(b), 5, 13 and 14 Foreigners Act, 1946 read with sections 420/468/471/109, P.P.C. at Police Station F.I.A. Passport Cell, Karachi but the petitioners have been acquitted by the trial Court under section 265-K, Cr.P.C., therefore, there is no pending case against them but notwithstanding the facts the petitioners have not been considered on the ground of pendency of case. He further submits that in the absence of any proof against the petitioners for involvement in the allegations in the F.I.R. the petitioners to be considered for allocation of quota as HGO. Mr. Imran Ahmed D.A.G., has pointed out his comments and stated that there is committee heading by Mr. Justice (Retd.) Karamat Nazir Bhandari and three Senators which Committee has decided as follows:-- "Sixteen (16) HGOs of last year are facing investigation on criminal charges by FIA. The committee decided to exclude them from Hajj 2007. If cleared by FIA/Court, these may be considered for further Hajj subject to policy to be framed by the Government." He further submits that although the petitioners have not been acquitted after the appreciation of the evidence by the trial Court but on technical ground but anyhow acquittal is acquittal. He submits that pros and cons of the petitioners' case will be considered by the Ministry including their acquittal in the criminal case as well as above quoted decision of the committee and allotment of quota will rest on the final decision of the Committee. This statement of DAG satisfies the petitioners' counsel. In the circumstances, both the petitions are disposed of with the directions that the Committee to consider the petitioners allotment of Hajj quota keeping in view their acquittal as well as the proof of allegations, available against them. H.B.T./F-45/K Order accordingly.