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Constitutional Petition No.41 of 1983, decided on 12th April 1983.

‑‑‑S.14‑‑Provisional Constitution Order (1 of 1981), Art.9‑‑Quashing of proceedings‑‑Allegation against accused admittedly vague and of general character‑‑Proceedings initiated against accused and order passed by Tribunal, quashed in circumstances.

Muhammad Rafiq Khanzada for Petitioner.

M.I. Memon, A.A‑G. for Respondent.

Date of hearing: 12th April 1983.

Proceedings were initiated against the petitioner under the Sind Crimes Control Act of 1979 on the basis of the report submitted by the S.H.O., Korangi Police Station, Karachi. Learned Additional Advocate General, Mr. M.I. Memon, concedes that the allegations are vague and general in character and the proceedings are liable to be quashed. In the circumstances this Constitutional Petition is allowed and the proceedings initiated and pending against the petitioner under Sind Crimes Control Act, 1979 and the order, dated 2‑3‑1983 of the respondent, Assistant Commissioner and S.D.M., Bin Qasim are quashed. There will be no order as to costs.

It may be noted that the learned A.A.‑G. had contended that under the provisions of the Provisional Constitution Order no interim order could be passed in a Constitutional. Petition filed under Article 9 of Provisional Constitution in respect of any action taken for the detention of a person. This submission is not relevant at this stage as the petition is being disposed of finally.

S.A . Petition accepted.

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