2002 PLP 1636 (MLD)
MUSTAK‑‑‑Petitioner Versus GOVERNMENT OF PAKISTAN and others‑‑‑Respondents
| Citation | 2002 PLP 1636 (MLD) |
| Forum / Court | Karachi |
| Bench Members | Wajihuddin Ahmed and Muhammad Roshan Essani, JJ |
| Parties | MUSTAK‑‑‑Petitioner Versus GOVERNMENT OF PAKISTAN and others‑‑‑Respondents |
Q1: What are the key laws and sections cited in 2002 PLP 1636 (MLD)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2002 PLP 1636 (MLD)?
The case was heard and decided by the Karachi bench comprising: Wajihuddin Ahmed and Muhammad Roshan Essani, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2002 PLP 1636 (MLD) (MUSTAK‑‑‑Petitioner Versus GOVERNMENT OF PAKISTAN and others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Wali Muhammad and Hashim Padhiar for Petitioners.
- S. Tariq Ali, .Standing Counsel and M. Sarwar Khan, Addl. A.‑G., Sindh for Respondents.
Headnotes / Summary
Constitution of Pakistan (1973)‑‑‑ ‑‑‑‑Art.1(2)(d)‑‑Accession of State to another State‑‑‑When a State would accede to another State, it was not merely the territories of such State that would accede, but accession would include all that was situated in such territories including its inhabitants.
Judgment & Decree
WAJIHUDDIN AHMED, J.‑‑‑While this and the connected petitions would not be treated as part heard, we have been informed by the learned Standing Counsel that according to a letter of 1965, the subjects of the erstwhile States of Junagadh, Sardargadh, Manawadar and Bantva, and others, are within their entitlements to apply for citizenship of Pakistan The learned Standing Counsel. upon instructions, adds that the instruments of accession are nonetheless silent on the question of citizenship of Pakistan being accorded to the subjects of the said States However, the reason for the omission is obvious: When a State accedes to another State, it is not merely the territories of such State that accede. The accession includes all that is situated in such territories including its inhabitants. In the instant matter no problem whatever would have arisen if the instruments of accession were physically given effect to and such would have resulted in automatic conferment of citizenship on the relevant subjects. At any event, the fact remains that the right to seek citizenship of subjects of such States is at a higher plane than those of other persons from other territories of British India entering into Pakistan because on the legal plane the referred States may be comprised within the territories of Pakistan itself. See Article 1(2)(d) of the Constitution. For want of time and because the learned counsel are inclined to take instructions, we adjourn this and the connected petitions but the foregoing observations, which we have recorded for the sake of convenience, shall have to be dealt with when due hearing take place. H.B.T./M‑345/K Order accordingly.