2022 M L D 1151
[Balochistan]
Before Muhammad Kamran Khan Mulakhail and Abdullah Baloch, JJ
GUL MARJAN--- Petitioner
Versus
DEPUTY COMMISSIONER LORALAI ---Respondent
C.P. No.157 of 2020, decided on 31st August, 2020.
Constitution of Pakistan ---
----Art.199--- Constitutional petition ---Constitutional petition filed against the order passed
by Deputy Commission whereby he ordered for cancellation of arms licence, CNIC, local
certificate of petitioner and his family members ---Record showed that the Deputy
Commissioner granted permission to the petitioner for holding public procession vide order dated 7th February, 2020---Suddenly, on next day, Deputy Commissioner cancelled the permission, which, prima -facie, reflected that the same was not conveyed to the concerned
people, thus, procession/rally was conducted on 8th February, 2020 resultantly FIR under Ss. 153, 153- A, 283, 342, 34, P.P.C. & 188 Cr.P.C. was lodged against the petitioner and others -
--Another FIR was also lodged against the petitioner and others under Ss.224, 225, 353, 186,
504, 506 & 34, P.P.C. read with S. 7 Anti -Terrorism Act, 1999 on 9th February, 2020,
meaning thereby that whatsoever had allegedly been committed by the petitioner and others, the law was taken into motion and accordingly FIRs had been lodged against the petitioner and others, which could have serve the purpose for offences allegedly committed by the petitioner ---Held, subsequent actions taken by the respondent/Deputy Commissioner seemed
to be result of mala fide and ulterior motives contrary to Fundamental Rights of citizens protected under the Constitution---Deputy Commissioner was neither competent to cancel the Arms licence of the petitioner, which was issued by the Ministry of Interior nor he was competent to cancel the CNIC of the petitioner, which was issued by NADRA nor he was competent to freeze the Bank Account of the petitioner as well as to cancel the local certificate of the petitioner and his family members without issuing any notice to the petitioner ---All the actions taken by the Deputy Commissioner were violative of relevant
laws and the Constitution---Perusal of record made it clear that Deputy Commissioner had passed the impugned orders in a slipshod, cursory and thoughtlessly manner without application of his judicial mind ---Thus, orders passed by the Deputy Commissioner were
without lawful authority based upon mis -exercise of authority and were malicious in nature--
-Constitutional petition was allowed by setting aside the impugned orders passed by the
Deputy Commissioner and all the documents were restored in its original position.
Sultan Muhammad Kakar, Barkhurdar Khan and Wali Khan Mandokhail for
Petitioners.
Shai Haq Baloch and Khalil -uz-Zaman Alizai, Additional Advocate General and
Muhammad Younas Mengal, Additional Prosecutor General for the State.
Date of hearing: 11th August, 2020.
JUDGMENT
ABDULLAH BALOCH, J .---The instant Constitutional Petition filed under Article
199 of the Constitution of Islamic Republic of Pakistan 1973 (hereinafter referred as "the
Constitution") carries the following prayer:
"It is therefore, respectfully prayed
That the impugned order dated 10th February, 2020 made by Deputy Commissioner Loralai may kindly be declared illegal, unconstitutional, void having no effect at all.
That the action may kindly be taken against defendant in accordance with.
Any other relief which this honorable court deem fit and appropriate in the circumstances of the case may also be awarded in the interest of justice, equity and fair play."
2. The relevant facts for disposal of the instant petition are that the petitioner being a
political activist participated in the peaceful demonstration/procession for enforcement of the fundamental rights of the people of country held on 9th February, 2020; and the
gathering/jalsa was conducted after getting No Objection Certificate ("NOC") from the
District Administration; but on the very next day the petitioner was involved in FIR Nos.21, 22 and 23 of 2020 by PS, Loralai, alleging therein that the petitioner participated in PTM's
procession/Jalsa held on 9th February, 2020 in Loralai; wherein he delivered a speech instigating the people for violence against the State, however, the operation of above FIR was subsequently suspended in Criminal Miscellaneous Quashment Nos.09, 36 and 37 of 2020 by this Court vide orders dated 12th February, 2020. While vide order dated 10th February, 2020 (hereinafter referred as "the impugned order") issued by the office of Deputy Commissioner, Loralai; whereby ordered for cancellation of Arms License, CNIC, Local Certificate of petitioner and his family members. Thus, being aggrieved the petitioner filed the instant Petition.
3. Learned counsel for the petitioner contended that the petitioner is law abiding citizen
and active social/political worker and nothing has been committed by the petitioner as alleged in the impugned order passed by the Deputy Commissioner (DC) Loralai; that the petitioner is patriotic lawful citizen, taking part in the peaceful' demonstration/procession of political organization seeking enforcement of fundamental rights of the people of the area, the allegations so leveled in the FIRs and impugned order are absolutely false, fabricated and without any incriminating evidence; that the respondent in utter violation of Constitution and relevant Laws had cancelled the Arms License, Local Certificate and CNICs of the petitioner and his family by means of impugned orders, which is not sustainable and liable to be declared null and void, without lawful authority.
4. The learned Additional Advocate General and the learned Additional Prosecutor
General supported the impugned orders passed by the respondent No.l and further contended
that the petitioner without permission launched a procession against the Government and created law and order situation in the area, chanted slogans against the Government as well as law enforcement agencies; thus, he does not deserve for any leniency. They requested for dismissal of the petition.
5. We have carefully examined the respective contentions as agitated on behalf of the
parties in the light of relevant provisions of the law and the Constitution. Before dilating upon the rival contentions of the parties, it could be relevant to reproduce herein below the impugned order dated 10th February, 2020 of the respondent/Deputy Commissioner, Loralai:
In continuation of above proceedings a press publication was issued by the Deputy
Commissioner Loralai with regard to cancellation of Arms License, Local Certificate of petitioner and his family members and cancellation of CNICs of the oetitioner which is also reproduced as under:
Another letter dated 4th February, 2020 was issued to the respondent/Deputy
Commissioner, Loralai by the Senior Superintendent of Police, Loralai for initiating
proceedings against the petitioner under Maintenance Public Ordinance (MPO) is reproduced
as under:
Besides above actions another letter dated 12th February, 2020 was also issued by the
respondent to one Mr. Abdullah Khoso, Regional Business Manager, Allied Bank Limited,
Mall Road Quetta for freezing of Bank Account of the petitioner, which is reproduced as
under:
DEPUTY COMMISSIONER LORALAI
Dated Loralai the 12th February, 2020.
Mr. Abdullah Khoso,
Regional Business Manager,
Allied Bank Limited Hali Road Quetta.
Subject: FREEZING OF BANK ACCOUNT.
Kindly refer to the subject cited above.
WHEREAS, one Gul Marjan alias Khaar son of Akhtar Muhammad resident of Ward No.15 Loralai Tehsil Bori District Loralai ex -Road Coolly provincial B&R District
Zhob CNIC No.56302- 7302637- 7, wanted in Case FIR No. 21/2020 and 22/2020 in
PS Saddar Loralai, having pensionery hank account operated in Allied Bank Limited
Zhob bearing No. 0010024277150026. The subject person is also involved in anti -
state activities and hate speech and therefore, his account be frozen, please.
Deputy Commissioner
Loralai
6. Perusal of above orders and letters reflects that the respondent/DC, Loralai without
due process of law and without lawful authority had cancelled the following documents of
the petitioner:
i. Arms License of Prohibited Bore bearing No.BP -9652 issued by the Ministry of
Interior on 29th November, 2008.
ii. Local Certificate of the petitioner bearing No.855 dated 24th November, 2010.
iii. Local Certificates of the family members of the petitioner.
iv. CNIC of the petitioner.
v. Freezing of Bank Account No.0010024277150026 maintained by the petitioner in Allied Bank Limited, Zhob.
7. On the touchstone of Article 10- A of the Constitution and in view of the judicial
consensus, at the first instance to examine the material, which were placed before us by the parties that the application was submitted by Pashtun Tahafuz Movement (PTM) for grant of permission for holding public procession in the Zhob Tehsil, ultimately permission was granted by the respondent No.1. (DC Loralai) on 7th February, 2020 for holding of program in one of the following three places:
1. Municipal Committee Ground
2. Boys Degree College Stadium
3. Model High School Ground
8. Despite of the fact permission was granted through aforesaid letter dated 7th
February, 2020, but suddenly on 8th February, 2020 the DC, Loralai cancelled the earlier grant of permission dated 7th February, 2020, which prima -facie reflects that that same was
not conveyed to the concerns. Thus, procession/rally was conducted on 8th February, 2020 resultantly FIR No.21 of 2020 was lodged with Police Station Saddar Loralai under Sections 153, 153- A, 283, 342, 34, P.P.C., 188, Cr.P.C. against the petitioner and others; whereas
another FIR bearing No.22 of 2020 was lodged with Police Station Saddar Loralai against the petitioner and others under Sections 224, 225, 353, 186, 504, 506, 34, P.P.C. read with Section 7 -ATA on 9th February, 2020.
9. It means that whatsoever have allegedly been committed by the petitioner and others,
the law was taken into motion and accordingly FIR Nos.21 and 22 of 2020 have been lodged against the petitioner and others, which could have serve the purpose for offences allegedly committed by the petitioner, but subsequent actions taken by the respondent/DC, Loralai seems to be result of mala fide and ulterior motives contrary to fundamental rights of citizens protected under the Constitution.
10. The DC is neither competent to cancel the Arms License of the petitioner, which was
issued by the Ministry of Interior, Islamabad nor he was competent to cancel the CNIC of the
petitioner, which was issued by NADRA authorities nor he was competent to freez the Bank Account of the petitioner as well as to cancel the Local Certificate of the petitioner and his family members without issuing of any notice to the petitioner. As such, all the actions taken
by the DC Loralai are violative of relevant laws and the Constitution.
11. Thus, in view of the above, the petitioner was condemned unheard ("Audi Alteram
partem") for convenience the provisions of Article 10- A of the Constitution are reproduced
as under:
"10-A Right to fair trial. For the determination of his civil rights and obligations or in
any criminal charge against him a person shall be entitled to a fair trial and due
process."
12. The perusal of record would make it clear that the authority i.e. DC, Loralai has
passed the impugned orders in a slipshod, cursory manner and thoughtlessly without application of its judicial mind, whether he is competent to pass such orders; thus, orders so passed by the DC, Loralai are without lawful authority based upon mis -exercise of authority,
it is also observed that the orders so passed by the respondent are malicious in nature.
13. We hope that the Government of Balochistan will issue directions to all concerned
officers to ensure protection of fundamental rights of every citizen in their respective areas, as the government employees are public servants and they are bound to discharge their duties in the public interest in accordance with law and avoid to create hindrance and problems for the people, which results distance between the people and the Government.
Thus, in view of the above, there appears no justification in law for the impugned
orders, which are, therefore, declared illegal, unlawful, without lawful authority, arbitrary, perverse and of no legal effect. Resultantly, on acceptance of the instant petition, impugned orders and letters issued by the DC, Loralai/respondent with regard to cancellation of arms License of the petitioner, local certificates of petitioner and his family members of the petitioner, CNIC and freezing of Bank Account of petitioner are hereby set aside and all such document are hereby restored in its original position.
Parties are directed to bear their own cost.
JK/240/Bal. Petition allowed.This judgment is reproduced from a publicly available source for informational purposes and does not constitute legal advice. If you believe this listing contains an error,
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