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Petitioner: ANJUMAN-E-ISLAMIA PAKISTAN VS Respondent: GOVERNMENT OF SINDHHonorable Justice SALEEM AKHTARS.M. Abbas,A.A. Muhammadally
1990 C L C 807
1990 C L C 807
[Karachi]
Before Saleem Akhtar and lrnmn Ali Kazi, JJ ANJUMAN‑E‑ISLAMIA PAKISTAN‑‑‑Petitioner
versus
GOVERNMENT OF SINDH through Secretary, Education Department‑‑‑Respondent
Constitutional Petition No.D‑199 of 1988, heard on 7th February, 1989.
Constitution of Pakistan (1973)‑‑‑
‑‑‑Art. 199‑‑‑Constitutional petition‑‑‑Handing over of Educational Institution to owners‑‑‑Petitioner mainly relying upon news items published in certain newspapers circulating news that Martial Law Authorities passed orders to hand over schools to owners‑‑‑Assistant Director, School Education, making statement that no such orders from any Authority had been received for release of petitioner's school‑‑‑Mere news item could hardly be made basis for filing petition and in absence of any order alleged to have been passed, it could not be implemented‑‑‑Petition was dismissed.
S.M. Abbas for Petitioner.
A.A. Muhammadally A.A.‑C). Sindh for Respondent.
Date of hearing: 7th February, 1989.
JUDGMENT
SALEEM AKHTAR, J.‑‑The petitioner Society was running several schools and institutions amongst which one of them was Anjuman‑e‑Islamia Secondary School. All these Schools were taken over by the Government under Martial Law Regulation No.118. It has been alleged in the Petition that on representation being made, in August, 1977, the petitioner learnt that Martial Law Authorities have released the said School to the petitioner and have passed necessary order. It has further been alleged that in spite of the order passed by the Martial Law Authorities, the respondents have refused to hand over the school to the petitioner. No copy of the order alleged to have been passed by the Martial Law Authorities has been produced.
Mr. Hamid Ali Oureshi, Assistant Director School Education Department, Government of Sindh is present and on our query he has made a statement that no order from any authority has been received by the respondents for release of the school to the petitioner.
The petitioner has mainly relied upon news item published in certain newspapers which circulated the news of the order passed by the Martial law Administrator. Such news items could hardly be made basis for a petition as the present one. In the absence of any order alleged to have been passed, it is difficult to implement the same. We, therefore, see no force in the petition which is dismissed with no order as to the costs.
M.Y.H./A‑626/K Petition dismissed