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Petitioner: CHHOTALAL VS Respondent: THE CHIEF COMMISSIONER OF KARACHI
P L D 1955 Sind 94
P L D 1955 Sind 94
(High Court Jurisdiction)
Before Constantine, C. J. and Munshi, J.
CHHOTALAL---Petitioner
versus
THE CHIEF COMMISSIONER OF KARACHI ---Respondent
Writ Petition No. 854 decided on 10th January, 1954.
Government of India Act 1935-----S. 223-A-Writs of certiorari or prohibition-Will not issue in case of purely executive orders.
The petitioner was required by Assistant Inspector General Police to leave Pakistan as he was not a Pakistani citizen. Failure to leave Pakistan was to render him liable to prosecution under Pakistan Control of Entry Act, 1952.
Held that the order amounted merely to an executive order for until the applicant had been prosecuted under the Control of Entry Act, LV of 1952, no deportation could take place. The position was that the authorities threatened the applicant that unless he left Pakistan he would be prosecut ed.
Certorari or prohibition did not lie in such a case, nor was there any public duty which the authorities had left unper formed. The application therefore was dismissed.
S. A. Zaidi, for Applicant.
H. T. Raymond, for Respondent.
ORDER
CONSTANTINE, C. J.-The petitioner's allegations are that on 20th October 1948 he went to India after obtaining a temporary permit from the High Commissioner for India in Pakistan valid for 3 months. On 26th December 1948 he returned from India to Pakistan after obtaining a temporary permit from the High Commissioner for Pakistan in India. On 16th .October 1950 the Permit Officer of Karachi Adminis tration addressed the following letter to him:
" Subject.-Conversion of temporary permit No. 7817/ 157 into permanent one.
Dear Sir,
The Government of Pakistan has been pleased to permit you to settle in Pakistan permanently. You should send your permit to the Superintendent of Police C. I. D. Karachi, immediately."
He continued to reside here.
On 30th June 1954 the Assistant Inspector General of Police C. I. D., Karachi, informed the petitioner that the Government of Pakistan regretted they were unable to allow him to stay in Pakistan any longer, and he was therefore directed to leave Pakistan forthwith. His failure to leave Pakistan would render him liable to prosecution for contrevention of the rules framed under the Pakistan (Control of Entry) Act, 1952.
This was followed by a further letter dated 3rd July 1954 in which it was stated that he had been requested to apply for a Pakistani Citizenship certificate in Form C and as he had failed to do so he was not deemed to be a Pakistani, Citizen. These orders of Assistant Inspector General Police appear to have been passed upon a letter to the Assistant Inspector General from one Ghulam Qadir for Secretary to the Chief Commissioner, Karachi, in which it was stated that the above named person who had actually migrated to India in the year 1948 and who after his return to Pakistan, in April 1949 was declared an evacuee, has been staying here without obtaining Pakistan Citizenship under the Pakistan Citizenship Act, 1951. He should therefore be asked to leave this country forthwith. If he submits any application for citizenship, Government decision will be communicated to his address in Bharat in due course.
The signatory of this letter has also made a counter affidavit. He describes himself as a Nationality certificate officer, Chief Commissioner's Secretariat, and it is surprising to find that he claims that he not only attends to but also disposes .of all matters relating to nationality, Citizenship, naturalization, domicile certificate, visa extension, etc., on behalf of the Chief Commissioner. Whatever the merits of the case may be, it is clear that the orders of the Chief Commissioner's Secretariat and of the Assistant Inspector General of Police amounted to merely executive orders, for until the applicant has been prosecuted under the Control of Enty Act 55/52, no deportation can take place. The position at present is that the authorities threatened the applicat that unless he leaves Pakistan he will be prosecuted. Certiorari or prohibition does not lie in such a case, nor is there any public duty which the authorities have left unperformed. The application there fore is dismissed.
The applicant states that he has been gravely prejudiced by this order since the Custodian has relied upon it or may reply upon it to show that he must be treated as an evacuee. We have no doubt however that the. Custodian will not give any unmerited weight to such orders.
The applicant has applied for a certificate under section 205 of the Government of India Act. We consider that no question arises regarding any section of the Government of India Act. The jurisdiction to issue writs is unquestioned. We have only been concerned with whether a writ should issue or not in the particular circumstances.
In the circumstances of the case we make no order as to costs.
A. H. Application dismissed.