Mst. GHULAM FATIMA vs GOVERNMENT OF WEST PAKISTAN AND 2 OTHERS — 1964 PLD 46113

Citation: 1964 PLD 46113

Court: Lahore High Court

Year: 1970

Decision Date: 1970-04-08

Parties: Mst. GHULAM FATIMA vs GOVERNMENT OF WEST PAKISTAN AND 2 OTHERS

Headnotes

Case cited as PLD 1964 SC 46113

Judgment Text

Court Name: Lahore High Court Judge(s): Sardar Muhammad Iqbal, Muhammad Ali Sayed Title: Mst. GHULAM FATIMA vs GOVERNMENT OF WEST PAKISTAN AND 2 OTHERS Case No.: Writ Petition No, 1449 of 1968 Date of Judgment:1970-04-08 Reported As: PLD 1971 Lahore 498 Result: Petition accepted JUDGMENT JUDGMENT SARDAR MUHAMMAD IQBAL, J.--By order dated the 2nd of September 1968 of the Superintendent of Police, Jhelum, made by him under rule 23.9 (2) of the Punjab Police Rules, 1934, the petitioner Mst. Ghulam Fatima was history-sheeted. This is a petition calling in question the validity of that order on the grounds, namely (a) that she was not given any notice to show cause against the proposed action ; (b) that the petitioner was not a previous convict and unless a person has been convicted for more than one offence action under rule 23.9(2) was not competent ; and (c) that at any rate the Superintendent of Police had no reasons to take action against the petitioner under the said rule and the order was mala fides. 2. It was not denied on behalf of the respondents that the petitioner was not served with a show cause notice before the impugned order was passed. Learned Advocate-General who was assisted by Mr. Mumtaz Hussain, however, contended that it is not necessary for a Police Officer to hear a person before his history-sheet is opened under sub-rule (2) of rule 23.9 and also that to open the history-sheet under the said rule it is not a condition pre-requisite that the person…

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