1979K122 (PLP)
TANWEER AHMAD KHAN — Petitioner Versus DISTRICT MAGISTRATE, SANGHAR AND ANOTHER-Respondents
| Citation | 1979K122 (PLP) |
| Forum / Court | Martial Law Order, 1977 M. L. A: s (Zone C)- |
| Bench Members | Abdul Hayee Kureshi and S. A. Nusrat, JJ |
| Parties | TANWEER AHMAD KHAN — Petitioner Versus DISTRICT MAGISTRATE, SANGHAR AND ANOTHER-Respondents |
| Primary Law | Martial Law Order, 1977 [M. L. A: s (Zone C)] |
Q1: What are the key laws and sections cited in 1979K122 (PLP)?
This judgment primarily cites: Martial Law Order, 1977 [M. L. A: s (Zone C)] as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1979K122 (PLP)?
The case was heard and decided by the Martial Law Order, 1977 M. L. A: s (Zone C)- bench comprising: Abdul Hayee Kureshi and S. A. Nusrat, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1979K122 (PLP) (TANWEER AHMAD KHAN — Petitioner Versus DISTRICT MAGISTRATE, SANGHAR AND ANOTHER-Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Ali Shaikh for Petitioner. Usman Ghani Rashid, A.-G. (Sind) for Respondents.
- Date of hearing : 29th November 1978.
Headnotes / Summary
No. 64, paras. 2 & 3-Cancellation of fire-arm licence Impugned order cancelling fire-arm licence issued on a cyclostyled pro forma and passed by District Magistrate without applying his mind-Order not showing District Magistrate having felt satisfied with regard to petitioner being an undesirable person and not fit to hold licence-Finding to such effect recordable only after serving petitioner with show-cause notice or at least granting him a hearing, particularly for reason of cancellation of licence carrying a stigma of petitioner being an undesirable person-Impugned order having not disclosed any grounds, petitioner could have nothing to urge in his appeal to Government, if he were to file one-Order cancelling petitioner's licence, held, passed without lawful authority in circumstances.--[Natural justice, principles of].
Judgment & Decree
Date of hearing : 29th November 1978. S. A. NUSRAT, J.‑The petitioner has challenged the order of the respondent No. 1 dated 21‑9‑1978, whereby his revolver licence No. 4076/ H. Y. D. City dated 24‑3‑1976 was cancelled under the provisions of Martial Law Order No.
64. It was contended by the learned counsel for the petitioner that the impugned order was passed in violation of the principle of. natural justice inasmuch as he was neither given any show‑cause notice nor heard as the matter before passing of the order.
2. Martial Law Order No. 64, issued by the M. L. A's Zone "C", provides as per paragraph‑2 thereof as under :‑ "Notwithstanding anything contained in any law or rule for the time being in force, a District Magistrate shall review the licences for fire‑arms issued between 1st January 1972 and 31st December 1976 and if he is satisfied that any such licensee is an undesirable person and is not fit to hold the licence he shall cancel his licence." The requirement of the above provision necessarily is that before cancelling any arms licence the Deputy Commissioner concerned must satisfy himself that the licensee was an undesirable person and not fit to hold a licence. Such finding could be given only after enquiry and it is prerequisite of law that the person concerned, against whom the enquiry is held, must be given an opportunity of hearing before any adverse order is passed against him.
3. The learned Advocate‑General contended that the petitioner had failed to avail of the alternate remedy of filing an appeal to the Government as provided in paragrah‑3 of the M. L. O. We, however, find that the impugned order was issued on a cyclostyled pro formo and was passed by the learned District Magistrate without applying his mind as the order does not show that he was satisfied that the petitioner was an undesirable person and not fit to hold licence. Such a finding could only be recorded after serving the petitioner with a show‑cause notice and/or, at least granting A him a hearing, more particularly, because the cancellation of licence under' the M. L. O. carries with it a stigma that the petitioner was an undesirable person. Since the impugned order did not disclose any grounds the petitioner had nothing to urge in appeal before the Government, if he was to file one, as provided under para. 3 of the M. L. O.
4. For the above reasons we would allow this petition and declare that the impugned order dated 21‑9‑1978 was passed by the respondent No. 1 without lawful authority. The Petition thus succeeds but there will be no order as to costs. S. A.H. Petition allowed.