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Constitutional Petition No. D‑1057 of 1.978, decided on 14th December 1983.
‑‑‑S.14‑‑Provisional Constitution Order (1 of 1981), Art.9‑‑Quashing of roceedings‑‑Allegations vague and of general nature‑‑Vague and general allegations, held, could not be made basis for action under Sind Crimes Control Act‑‑Proceedings taken and orders passed against accused, declared to be without lawful authority and of no legal effect in circumstances.
S. Ansar Hussain for Petitioner.
Ibrahim Memon Addl. A.‑G. for the State.
Date of hearing: 14th December 1983.
Proceedings initiated against the petitioner on the report of S.H.O., Korangi Police Station, Karachi under section 14 of the Sind Crimes Control Act, 1975 and the orders passed by the Tribunal, Assistant Commissioner/S. D. M. Zulfiqarabad, Karachi are challenged by the petitioner in this Constitutional Petition. I have heard Mr. S. Ansar Hussain, learned counsel for the petitioner and Mr. Muhammad Ibrahim Memon, Additional A.‑G. Sind for the respondent.
2. From a perusal of the report submitted by the S.H.O. Korangi Police Station, Karachi against the petitioner it is apparent that the allegations against the petitioner are vague and general in nature and except for three cases in which the petitioner was involved, no specific instance has been given in the report. According to the learned counsel for the petitioner, the petitioner has been acquitted in all the three cases which assertion could not be controverted by the learned Additional Advocate‑General. Mr. Muhammad Ibrahim Memon, Additional A.‑G. concedes that the proceedings were not competently instituted against the petitioner. I am also of the view that on the basis of the vague A and general allegations stated in the report of S.H.O., Korangi Police Station, Karachi, no action could be taken against the petitioner under the Sind Crimes Control Act, 1975.
3. As a result Constitutional Petition No.D‑1057 of 1978 is allowed and the proceedings initiated and orders passed against the petitioner Khan Gut son of Abdul Sattar under the Sind Crimes Control Act, 1975 are declared to have been taken passed without lawful authority an the same are declared to be of no legal effect.
There will be no order as to costs.
S.A. Petition accepted.
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