IN
THE HIGH COURT OF SINDH AT KARACHI
C.P.
No.D-1733 of 2024
|
DATE |
ORDER
WITH SIGNATURE OF JUDGE |
For
hearing of main case
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03.05.2024
Mr.
Raamiz Naseem, advocate for petitioner
Mr.
Peer Riaz Muhammad Shah, DAG
M/s.
Hakim Ali Shaikh & Saghir Ahmed Abbasi, Addl. A.Gs.
Mr.
Ali Haider Saleem, Additional Prosecutor General
DSP Ayaz Ahmed Pandhiani, Foreign
Registration Office, SB Karachi & SIP Jawaid Akhtar, FRO/SB, Karachi
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Petitioners
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 at
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 legal formalities for deportation of petitioners to
Bangladesh.
4.
To direct the FIR Immigration, JIAP
Karachi and DIG/FRO Special Branch, Karachi not to harass the petitioners
during deportation process.
5.
Grant any other relief(s) which may
be deemed fit and proper by this Hon’ble Court under the circumstances.
Notices
were issued against the respondents as well as D.A.G. Comments are filed by
respondents, 2, 3, 4 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 21.02.2024, passed by this
Court in C. Ps. Nos.D-754 and 783 of 2024. D.A.G. recorded no objection for
disposal of this petition in terms of the order passed in the aforesaid
petitions.
It
appears that this Court vide order dated 21.02.2024, disposed of C.Ps.
Nos.D-754 and 783 of 2024 in the following terms:
“Counsel
appearing for petitioners submits that CP No.D-4057/2023 on the same subject
matter has already been decided by this Court vide order dated 19.09.2023 and
prayed that these petitions may also be disposed of on same terms.
D.A.G as well as
A.A.G after going through the order passed by this Court in C.P.
No.D-4057/2023, conceded for disposal of captioned petitions in terms of order
dated 19.09.2023.
It
appears that this Court in C.P. No.D-4057 of 2023 vide order dated 19.09.2023
disposed of the said petition in the following terms:
“Learned D.A.G. files para-wise
comments on behalf of the respondents Nos.3 and 5, which are taken on record,
copies whereof have been provided to the learned counsel for the petitioner.
Learned D.A.G. assisted by the
functionary of the respondents, present in Court today submits that certain
documents are required to be submitted by the petitioners on deportation, being
the valid travel permission issued by the High Commissioner of Bangladesh, as
would be verified through the Ministry of Foreign Affairs for confirmation of
genuineness, and the petitioners would be allowed to travel subject to further
verification of their status, criminal record (CRO) & (CRI) and obtaining
of cancellation/clearance certificate from NADRA.
Learned D.A.G. further submits that
the petitioners are also required to appear before the Foreigner Registration
Office, Special Branch, Karachi for recording their thumb impression(s) and
verification. Learned counsel for the petitioners submits that the petitioners
would comply and meet all such requirements.
With the consent of the learned
counsel for the petitioners, D.A.G. as well as A.A.G. the captioned petitions
are disposed of in the above terms.
Counsel
for petitioners as well as Additional Advocate General Sindh and D.A.G. seeks
disposal of instant petition in terms of order dated 21.02.2024, passed by this
Court in the aforesaid petitions. In our considered view, the issue is
identical in the instant petition as well as in the petitions which have
already been decided by this Court. Therefore, instant petition is disposed of
in terms of aforesaid order, with no orders as to costs.
J
U D G E
J U D G
E
Gulsher/PS