SIKANDAR SHAH vs THE TRIBUNAL AND DISTRICT MAGISTRATE, KARACHI — 1971 PCRLJ 6

Citation: 1971 PCRLJ 6

Court: Sindh High Court

Year: 1970

Decision Date: 1970-05-26

Parties: SIKANDAR SHAH vs THE TRIBUNAL AND DISTRICT MAGISTRATE, KARACHI

Headnotes

Case cited as 1971 PCRLJ 6

Judgment Text

Court Name: Sindh High Court Judge(s): Ghulam Safdar Shah, Abdul Qadir Sheikh Title: SIKANDAR SHAH vs THE TRIBUNAL AND DISTRICT MAGISTRATE, KARACHI Case No.: Petition No. 305 of 1969 Date of Judgment:1970-05-26 Reported As: 1971 P Cr. L J 6 Result: Petition dismissed JUDGMENT JUDGMENT GHULAM SAFDAR SHAH, J.-This petition under Article 98 of the Constitution is directed against the order of the District Magistrate, Karachi/Tribunal dated 11-12-1968 by which the petitioner was declared a dangerous disorderly person under section 12 (2) (ix), (x), (xi) and (xii) of the Karachi Control of Disorderly Persons Act, 1952 (hereinafter called the Act) and extended from the District of Karachi for a period of to years. Syed Nasiruddin the learned counsel for the petitioner urged five grounds against the impugned order firstly that it is based on no evidence; secondly that it is void for having been passed after the Act was repealed on 30-10-1968 by Ordinance XI of 1968 ; thirdly that the evidence produced by the prosecution was not relatable to the purposes of the Act fourthly that the peti--tioner had been earlier declared as dangerous and disorderly -person and therefore he could not again be proceeded against under the Act and fifthly that the impugned order cannot be said to be a judicial pronouncement inasmuch as the Tribunal has expressed no opinion if it was satisfied with the prosecution evidence. We would deal with each one of these contentions separately. But before-doing…

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