MUHAMMAD ASLAM AND Another vs THE BORDER AREA COMMITTEE, LAHORE — 1970 SCMR 580

Citation: 1970 SCMR 580

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Parties: MUHAMMAD ASLAM AND Another vs THE BORDER AREA COMMITTEE, LAHORE JUDGMENT

Headnotes

Case cited as 1970 SCMR 580

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Sajjad Ahmad Jan Title:MUHAMMAD ASLAM AND Another vs THE BORDER AREA COMMITTEE, LAHORE JUDGMENT Reported As: 1970 SCMR 580 Result: d. Judgment JUDGMENT HAMOODUR RAHMAN, C. J.-The petitioners in this case, who were residents of a village situated in the border area of the Lahore Sector were proceeded against under section 5 of the West Pakistan Border Area Regulation, 1959, on the ground that they were engaged in smuggling or in some other activity prejudicial to the economy or security of Pakistan. Notices were served on them to appear before the Border Area Committee to show cause. They did so on the first day but thereafter they did not participate in the proceedings. Hence, on the 12th May 1967, they were declared undesirable persons. Subsequently notices were again issued to them to declare their immovable properties, if any, within the border area. They neither appeared nor supplied any information nor challenged the order of the Border Area Committee, but voluntarily removed themselves from the border area with the result that the Border Area Committee took it for granted that they had no immovable property within the area and ordered their externment from 9-6-1967. Thereafter they applied to the Deputy Commissioner under sub-Para. (b) of paragraph 6 of the said Regulation, for permission to re-enter into the area on the ground that they had immovable properties in this area. This permission was refused…

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