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Petitioner: MUHAMMAD SULLEMAN VS Respondent: S, D. M./TRIBUNAL, KHAIRPUR AND ANOTHER
Court Name: Sindh High Court Judge(s): Nasir Aslam Zahid Title: MUHAMMAD SULLEMAN vs S, D. M./TRIBUNAL, KHAIRPUR AND ANOTHER Case No.: Constitutional Petition No, S-32 of 1982 Date of Judgment:1982-03-17 Reported As: 1984 P Cr. L J 3193 Result: Petition accepted
JUDGMENT
JUDGMENT ' This judgment will dispose of Constitutional Petition No, 32 of 1982 filed by Muhammad Sulleman challenging the proceedings taken and orders passed under section 14 of the Sind Crimes Control Act against the detenu Muhammad Shafi real son of the petitioner. 2. The contention of learned counsel for the petitioner is that the cognizance taken by the S.D.M., Tribunal, Khairpur, was not warranted b law and that vague allegations have been made against the detenu in the report of the S. H. 0. Learned counsel has cited the following reported judgments in support of his contentions:-- (i) PLD 1980 Kar. 67. (ii) PLD 1981 Kar. 682. PLD 1981 Kar. 685. (iv) 1982 P Cr. L J 264. (v) 1982 P Cr. L J 275. The authorities cited by the learned counsel for petitioner support the contention on behalf of the petitioner. Mr. Agha Saifuddin, learned counsel for the respondent also very fairly concedes that cognizance taken by the Tribunal and the proceedings and orders taken/passed against the detenu are liable to be quashed. 3. In the circumstances, the present constitutional petition is allowed and the proceedings taken and orders passed against the detenu Muhammad Shafi son of Muhammad Sulleman in the instant case are quashed. The detenu be set at liberty forthwith, if not required in any other case.