1980K80 (PLP)
Before Fakhruddin G. Ebrahim and B. G. N. Kazi, JJ Versus DEPUTY COMMISSIONER/DISTRICT MAGISTRATE,
| Citation | 1980K80 (PLP) |
| Forum / Court | Martial Law Order, 1977 M. L. A. Zone 'C' ‑‑ No. 64, para. 2‑‑Cancellation of fire‑arm licences‑Impugned order cancelling fire‑arm licences of petitioners made without any notice and in a routine manner‑Finding of licence‑holder being an undesirable person and not fit to hold fire‑arm licence, held, could not be recorded without serving a show‑cause notice and/or granting hearing‑Cancella tion of licence under M. L. O. 64 carries with it a stigma of licence holder being an undesirable person‑Impugned order declared without lawful authority and of no legal effect.‑Natural justice, principle of. |
| Bench Members | Fakhruddin G. Ebrahim and B. G. N. Kazi, JJ |
| Parties | Before Fakhruddin G. Ebrahim and B. G. N. Kazi, JJ Versus DEPUTY COMMISSIONER/DISTRICT MAGISTRATE, |
Q1: What are the key laws and sections cited in 1980K80 (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1980K80 (PLP)?
The case was heard and decided by the Martial Law Order, 1977 M. L. A. Zone 'C' ‑‑ No. 64, para. 2‑‑Cancellation of fire‑arm licences‑Impugned order cancelling fire‑arm licences of petitioners made without any notice and in a routine manner‑Finding of licence‑holder being an undesirable person and not fit to hold fire‑arm licence, held, could not be recorded without serving a show‑cause notice and/or granting hearing‑Cancella tion of licence under M. L. O. 64 carries with it a stigma of licence holder being an undesirable person‑Impugned order declared without lawful authority and of no legal effect.‑Natural justice, principle of. bench comprising: Fakhruddin G. Ebrahim and B. G. N. Kazi, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1980K80 (PLP) (Before Fakhruddin G. Ebrahim and B. G. N. Kazi, JJ Versus DEPUTY COMMISSIONER/DISTRICT MAGISTRATE,). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Abdul Rahim Kazi (absent) for Petitioner.
- Muhammad Ibrahim Memon, Addl. A.‑G. for Respondents.
- Date of hearing: 24th September, 1979.
Headnotes / Summary
Martial Law Order, 1977 [M. L. A. Zone 'C'] ‑‑ No. 64, para. 2‑‑Cancellation of fire‑arm licences‑Impugned order cancelling fire‑arm licences of petitioners made without any notice and in a routine manner‑Finding of licence‑holder being an undesirable person and not fit to hold fire‑arm licence, held, could not be recorded without serving a show‑cause notice and/or granting hearing‑Cancella tion of licence under M. L. O. 64 carries with it a stigma of licence holder being an undesirable person‑Impugned order declared without lawful authority and of no legal effect.‑[Natural justice, principle of]. Tanweer Ahrnad Khan v. District Magistrate, Sanghar P L D 1979 Kar. 732 rel.
Judgment & Decree
FAKHRUDDIN G. EBRAHIM, J.‑The action impugned in these two petitions is one under M. L. O. 64 cancelling the fire‑arms licences of the petitioners. Under the said M. L. O. such licences could be cancelled if the Iicensee is found to be an undesirable person and not a person fit to hold the licence. In both the cases the grievance of the petitioners is that the impugned orders were made without say notice to the petitioners and in a routine man ner. The learned Additional Advocate‑General was good enough to invite our attention to a D. B. decision reported in P L D 1979 Kar. 732 in which it has been held that a finding that a licence holder is an undesirable person and not fit to hold fire‑arm licence, could not b,, recorded without serving the petitioner with a show‑cause notice and/or at least granting him hearing, because the cancellation of a licence under the said M. L. O. 64 carries) with it a stigma that the petitioner was an undesirable person. We are not only bound by this decision but are in respectful agreement and for the same reasons, the impugned orders in these two petitions are held to be without lawful authority and of no legal effect. 2. 1n the circumstances of the case, there is no order as to costs. M. Y. M. Appeal allowed.