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ABDUL MAJID vs SUPERINTENDENT, DISTRICT JAIL, LAHORE and 2 otherss — 1963 PLD 853

Citation: 1963 PLD 853

Court: Lahore High Court

Year: 1971

Decision Date: 1971-09-27

Parties: ABDUL MAJID vs SUPERINTENDENT, DISTRICT JAIL, LAHORE and 2 otherss

Headnotes

Case cited as PLD 1963 Kar 853

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Afzal Cheema Title: ABDUL MAJID vs SUPERINTENDENT, DISTRICT JAIL, LAHORE and 2 otherss Case No.: Criminal Miscellaneous No. 66-H of 1971 Date of Judgment:1971-09-27 Reported As: 1972 P Cr. L J 1220 Result: Order set aside JUDGMENT JUDGMENT This petition under section 491 of the Criminal Procedure Code in the nature of habeas corpus was filed by Abdul Majid petitioner, a resident of village Khali Dharamme, Tehsil Haveli, District Poonch (Azad Kashmir) challenging the validity of an order of detention passed by the Central Government, Ministry of Home and Kashmir Affairs against his brother Abdul Karim Faizan under section 3(2)(g) of the Foreigners Act, 1946 for a period of one year. (Annex. 'B'). 2. Some of the admitted facts of the case are that the detenu Abdul Karim Faizan left his village at the age of I6 years long before the Partition and migrated to Bombay. He was not heard of thereafter till December 1969, when he entered the territory of Pakistan without a valid permit or passport, came to Lahore and voluntarily contacted the intelligence authorities. A case under the Pakistan (Control of Entry) Act, 1952, was registered against him but it appears that the proceedings were dropped and instead the impugned order was passed by the Central Government under the Foreigners Act, 1946, which was served on him on the 6th of June 1970. ? 3. On the various dates of hearing fixed in the matter, the detenu was summoned by me…

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