AKHTAR KHAN vs THE COMMISSIONER OF KARACHI AND 2 Other — 1966 PLD 25

Citation: 1966 PLD 25

Court: Sindh High Court

Year: 1971

Decision Date: 1971-09-16

Parties: AKHTAR KHAN vs THE COMMISSIONER OF KARACHI AND 2 Other

Headnotes

Case cited as PLD 1966 SC 25

Judgment Text

Court Name: Sindh High Court Judge(s): Mir Khuda Bakhsh Marri, Ghulam Rasool K. Shaikh Title: AKHTAR KHAN vs THE COMMISSIONER OF KARACHI AND 2 Other Case No.: Petition No. 613 of 1968 Date of Judgment:1971-09-16 Reported As: PLD 1972 Karachi 132 Result: Petition dismissed JUDGMENT JUDGMENT GHULAM RASOOL K. SHAIKH, J.-This is constitutional petition to challenge the order passed by the Commissioner of Karachi under section 3 (2) (c) and (d) of the Foreigners Act. The petitioner is cousin of Lal Khan against whom the impugned action was taken by the learned Commissioner of Karachi. It was claimed in the petition that Lal Khan was living in Karachi since before Partition and carried on business. It was further claimed that on 27th August 1968, the Commissioner without giving any opportunity to Lal Khan passed an order to the effect that he was undesirable person and should leave Pakistan. Consequently an order was simultaneously passed for the arrest of Lal Khan and his deportation out of Pakistan. Lal Khan was arrested and handed over to Special Branch of Police, Peshawar for deportation to Afghanistan. He was taken to the Pak.- Afghan border and left at the border to proceed to Afghanistan. It was further stated in the petition that Lal Khan was ordered by the Afghanistan Police to leave Afghanistan immediately otherwise he would be arrested and prosecuted for entering into Afghanistan. Consequently Lal Khan had no alternative but to return to Karachi. He returned on 18th…

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