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TUFAIL AHMED versus GOVERNMENT OF SIND


Constitution Pakistan 1973 Article 199 The court said through the government that the Home Department is enjoying the applicants' requests for bail, who are ready to inquire into the claims of the applicants who are citizens of Pakistan. What is claimed With permission to defile when needed, requests are allowed to be withdrawn with permission to re-clear if needed.

1986 M L D 2205

[Karachi]

Before Muhammad Zahoorul Haq and Ibadat Yar Khan, JJ

versus

GOVERNMENT OF SIND and others‑‑Respondents

Constitutional Petition No.D‑691 of 1985, decided on 28th May, 1985.

Constitution of Pakistan (1973)‑‑

‑‑‑Art.199‑‑Court informed by Government that Home Department was entertaining bail applications of petitioners who sought bail and was willing to enquire into claims of petitioners who claimed to be citizens of Pakistan‑‑In view of such statement petitioners requested to be permitted to withdraw petitions with permission to refile same if needed‑ Petitions allowed to be withdrawn with permission to refile same in case it was needed.

Akhlaq Ahmed Siddiqui, Abdul Hafiz Lakho, T.I. Suleman, Syed Sami Ahmed, Umer Farooq Khan, A. T. Mahmood, Zafar Iqbal and Maqsood Baig for Petitioner.

Ibrahim Memon, Addl. A.‑G. for Respondents.

ORDER

IBADAT YAR KHAN, J.‑--

Mr. Ibrahim, Additional Advocate -General states that the Home Department of the Government of Sind is entertaining the bail applications in respect of those petitioners who want to seek bail. He had further stated that the Home Department is willing to enquire into the claims of those of the petitioners who claim to be the citizen of Pakistan and their cases will be dealt with on the basis of the evidence available. In case any one of the petitioners finds the difficulty in having his bail application entertained the Advocate‑General Office would be willing to forward the said application which position has been clarified by Mr. Ibrahim Memon, Additional Advocate‑General.

On the basis of the statement made by Additional Advocate General the petitioner counsel do not wish to press these petitions at this stage and request permission to withdraw the same with a reservation that if need be they would be allowed to file a fresh petition. We allow this request and dismiss the petitions as not pressed at this stage The petitioners would be competent to make fresh petition in case it is necessitated.

H.A.K. Petitions withdrawn.

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