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ABDUL KHALIQUE versus SIND PROVINCE


Interim Constitution Order 1981 Article 9 Petitioner, a foreigner detained for the past nine years, whose return is the responsibility of the federal government, pleaded on the Advocate General's statement that he was pleased to release the security of his offer. Withdrawal of ministerial-level treatment withdrawals to take advantage of passing out and drawing petitions
1984 P Cr. L J 1380

[Karachi]

Before Abdul Hayee Qureshi, Actg. C. J. and Saleem Akhtar, J

Haji ABDUL KHALIQUE -Petitioner

Versus

SIND PROVINCE--Respondent

Constitutional Petition No. D-423 of 1983, decided on 30th May., 1983.

Provisional Constitution Order (I of 1981)-

--Art. 9-Petitioner, a foreigner holding Arab domicile detained for last nine years whose repatriation a responsibility of -Federal Government--On statement of Advocate-General that he agrees to his release on his furnishing security, counsel for petitioner Wit& drawing petition to avail of remedies at ministerial level-Petition dismissed as withdrawn.

Akhlaque Ahmad Siddiqui for Petitioner.

Sayeed A. Shaikh, A. G. for Respondent.

ORDER

ABDUL HAYEE QURESHI, C. J.-

The detenu has remained in jail for about nine years.

The learned Advocate-General states that he is a foreigner, claiming Arab domicile, and his repatriation is the responsibility of the Federal Government. He, however, states that, in case the petitioner can furnish bail in-the sum of Rs. 10,000 to the satisfaction of the Home Secretary of the Provincial Government for his appearance, before the said Officer, whenever required, he shall be released.

On such statement of the Advocate-General Mr. Akhlaque Ahmad Siddiqi wants to withdraw this petition, so as to enable him to avail of the remedies at the ministerial level.

Petition is dismissed as withdrawn, but subject to the observations made above.

M. Y. H. Petition withdrawn.

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