IN
THE HIGH COURT OF SINDH AT KARACHI
C.P.
No.D-3990 of 2024
[Md.
Mobarak & 6 Others vs. Federation of Pakistan & Others]
|
DATE |
ORDER
WITH SIGNATURE OF JUDGE |
For hearing of main case
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12.09.2024
Mr.
Raamiz Nasim, advocate for petitioners
Mr.
Pir Riaz Muhammad Shah, DAG & Ms. Rabia Khan, Asstt. Attorney General
Mr.
Muhammad Kamran Khan, A.A.G.
Mr.
Abrar Ali Khichi, Additional Prosecutor General Sindh
DSP Ayaz Ahmed Pandhiani, Foreign
Registration Office, SB Karachi & SIP Jawaid Akhtar, FRO/SB, Karachi
Adnan Iqbal, SI, FIA, I&AHS,
JIAP, Karachi
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NAIMATULLAH
PHULPOTO, J.--- Petitioners Md.
Mobarak and 6 others have invoked the constitutional jurisdiction of this
Court under Article 199 of the Constitution of Islamic Republic of Pakistan,
1973, against the respondents and prayed for the following reliefs:
1.
To declare that the act of
respondents to restrain the petitioners to travel to their country Bangladesh
is illegal and unlawful.
2.
To declare that the petitioners are
entitled to travel to their native place in Bangladesh under permission of
Government of Bangladesh through their travel permits.
3.
To direct the DIG/FRO, Special
Branch Karachi to complete all the legal formalities for deportation of
petitioners to Bangladesh.
4.
To direct the FIA Immigration JIAP
Karachi and DIG/FRO, Special Branch Karachi not to harass the petitioners
during deportation process.
5.
Grant any other relief(s) which this
Hon’ble Court deems fit and proper under the circumstances of the case.
Notices
were issued against the respondents as well as , Advocate General Sindh,
Prosecutor General Sindh and D.A.G. Para-wise comments are filed on behalf of respondents
2 and 3, and statement is filed on behalf of respondents 3 and 5, which are
taken on record.
At the
very outset, learned counsel for petitioners argued that this constitution
petition may be disposed of in terms of order dated 17.05.2024, passed by this
Court in CP No.D-2051/2024. D.A.G. recorded no objection for disposal of this
petition in terms of the order passed in the aforesaid petition.
It
appears that this Court vide order dated 17.05.2024, disposed of C.P. No.D-2051/2024
in the following terms:
“Petitioners claim
to be Bangali Nationals and intend to travel to Bangladesh. Their case is that
whenever they attempt to travel to Bangladesh, they are restrained by the
respondents on the pretext of incomplete documents; hence this petition.
DSP Ayaz Ahmed, Foreign Registration
Office, Special Branch, Karachi has filed comments on behalf of respondents 2
and 5 and submits that they would have no objection to the travel of
petitioners if they submit the relevant documents, duly verified by the
relevant departments at their request.
Sub Inspector Adnan Iqbal of FIA has
filed a statement and states that the petitioners before travelling to
Bangladesh are required to fulfill some formalities, after which they would be
allowed to travel to Bangladesh without any hindrance from the FIA.
Learned counsel for petitioners is
satisfied with the above statements and submits that petitioners would submit
all the relevant documents for verification and fulfill all the formalities as
raised by the respondents. Counsel for petitioner has relied upon the order
dated 09.04.2024, passed by this Court in C.P. No.D-1446/2024.
This petition is, therefore,
disposed of with the direction to the respondents that as and when the
documents are submitted by the petitioners, the same shall be scrutinized as per
law within the shortest possible time and the petitioners be permitted to
travel to Bangladesh.”
Counsel
for petitioners as well as D.A.G. seeks disposal of instant petition in terms
of order dated 17.05.2024, passed by this Court in the aforesaid petition. In
our considered view, the issue is identical in the instant petition as well as
in the petition which has already been decided by this Court. Therefore,
instant petition is disposed of along with pending application(s) in terms of
aforesaid order, with no orders as to costs.
J
U D G E
J U D G
E
Gulsher/PS