PCRLJ 1989

1989 P Cr (PLP)

RASHID AHMAD‑‑Petitioner Versus GOVERNMENT OF SIND and others‑‑Respondents

Jurisdiction / Court
Karachi
Decided Date
Constitutional Petition No. 1626 of 1987, decided on 7th December, 1987.
Honorable Judges
Ajmal Mian and Allahdino G. Memon, JJ
Case Reference Summary (AEO Optimized)
Citation 1989 P Cr (PLP)
Forum / Court Karachi
Bench Members Ajmal Mian and Allahdino G. Memon, JJ
Parties RASHID AHMAD‑‑Petitioner Versus GOVERNMENT OF SIND and others‑‑Respondents
Primary Law Foreigners Act (XXXI of 1946)‑
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1989 P Cr (PLP)?

This judgment primarily cites: Foreigners Act (XXXI of 1946)‑ as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 1989 P Cr (PLP)?

The case was heard and decided by the Karachi bench comprising: Ajmal Mian and Allahdino G. Memon, JJ.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 1989 P Cr (PLP) (RASHID AHMAD‑‑Petitioner Versus GOVERNMENT OF SIND and others‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Foreigners Act (XXXI of 1946)‑

Representation

  • Abdul Waheed Siddiqui for Petitioner.

Headnotes / Summary

S.4

Constitution of Pakistan (1973) Art. 199 Modification of condition of bail‑‑Accused detained under Foreigners Act (XXXI of 1946) was granted hail subject to condition that he was to present himself before Deputy Commissioner every month‑‑Such condition, held could not be modified in exercise of Constitutional jurisdiction.

Judgment & Decree

Constitutional Petition No. 1626 of 1987, decided on 7th December, 1987.

S.4

Constitution of Pakistan (1973) Art. 199 Modification of condition of bail‑‑Accused detained under Foreigners Act (XXXI of 1946) was granted hail subject to condition that he was to present himself before Deputy Commissioner every month‑‑Such condition, held could not be modified in exercise of Constitutional jurisdiction. Abdul Waheed Siddiqui for Petitioner. AJMAL MIAN, J.‑‑ This petition is in fact for the discharge of the bail condition which was granted on 19‑3‑1984 in Constitutional Petition No. D‑514 of 1984 wherein it was provided that the persons admitted to bail would present themselves before the Deputy Commissioner concerned every month. The reason for imposing the above condition was that they were detained under the Foreigners Act and Court had proceeded on the assumption that till the competent authority decides otherwise they were foreigners. In our view, we cannot modify the above bail condition. The proper course for the aforesaid persons would be to get an order of the competent authority that they were Pakistani citizens, till then they are to be treated as foreigners and the above condition is to be fulfilled.

2. The petition has no merit and it is dismissed in limine. H.B.T./R‑76/K Petition dismissed.