1986 PLP 1209 (MLD)
KHAN GUL — Petitioner Versus THE STATE Respondent
| Citation | 1986 PLP 1209 (MLD) |
| Forum / Court | Karachi |
| Bench Members | Naair Aslam Zahid, J |
| Parties | KHAN GUL — Petitioner Versus THE STATE Respondent |
| Primary Law | Sind Crimes Control Act (VI of 1975) |
Q1: What are the key laws and sections cited in 1986 PLP 1209 (MLD)?
This judgment primarily cites: Sind Crimes Control Act (VI of 1975) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1986 PLP 1209 (MLD)?
The case was heard and decided by the Karachi bench comprising: Naair Aslam Zahid, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1986 PLP 1209 (MLD) (KHAN GUL — Petitioner Versus THE STATE Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- S. Ansar Hussain for Petitioner.
- Date of hearing: 14th December 1983.
Headnotes / Summary
S.14--Provisional Constitution Order (1 of 1981), Art.9--Quashing of roceedings--Allegations vague and of general nature--Vague and general allegations, held, could not be made basis for action under Sind Crimes Control Act--Proceedings taken and orders passed against accused, declared to be without lawful authority and of no legal effect in circumstances. Ibrahim Memon Addl. A.-G. for the State.
Judgment & Decree
S. Ansar Hussain for Petitioner. Ibrahim Memon Addl. A.‑G. for the State. Date of hearing: 14th December 1983. Proceedings initiated against the petitioner on the report of S.H.O., Korangi Police Station, Karachi under section 14 of the Sind Crimes Control Act, 1975 and the orders passed by the Tribunal, Assistant Commissioner/S. D. M. Zulfiqarabad, Karachi are challenged by the petitioner in this Constitutional Petition. I have heard Mr. S. Ansar Hussain, learned counsel for the petitioner and Mr. Muhammad Ibrahim Memon, Additional A.‑G. Sind for the respondent. 2. From a perusal of the report submitted by the S.H.O. Korangi Police Station, Karachi against the petitioner it is apparent that the allegations against the petitioner are vague and general in nature and except for three cases in which the petitioner was involved, no specific instance has been given in the report. According to the learned counsel for the petitioner, the petitioner has been acquitted in all the three cases which assertion could not be controverted by the learned Additional Advocate‑General. Mr. Muhammad Ibrahim Memon, Additional A.‑G. concedes that the proceedings were not competently instituted against the petitioner. I am also of the view that on the basis of the vague A and general allegations stated in the report of S.H.O., Korangi Police Station, Karachi, no action could be taken against the petitioner under the Sind Crimes Control Act, 1975. 3. As a result Constitutional Petition No.D‑1057 of 1978 is allowed and the proceedings initiated and orders passed against the petitioner Khan Gut son of Abdul Sattar under the Sind Crimes Control Act, 1975 are declared to have been taken passed without lawful authority an the same are declared to be of no legal effect. There will be no order as to costs. S.A. Petition accepted.