| Case ID |
1af49f10-fdef-4767-934c-a320abb74b2c |
| Body |
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| Case Number |
Miscellaneous Application No. 28 of 1969 |
| Decision Date |
Feb 03, 1969 |
| Hearing Date |
|
| Decision |
In the impugned order dated 20-11-68, the learned Tribunal and the District Magistrate of Karachi declared the application as a dangerous and disorderly person. He ordered that the applicant should be externed from Karachi for a period of 3 years on the basis that several cases of cheating were filed against him. The evidence showed that the applicant was acquitted in those cases by appellate Courts. The learned counsel for the applicant cited Arsalla Khan v. State where a similar order was suspended. The court ultimately decided that the externment order should be suspended upon the applicant providing surety of Rs. 40,000 with two sureties of Rs. 20,000 each for Court appearance, affirming the applicant's status as a bona fide businessman. |
| Summary |
The case revolves around an application made by Noor Muhammad against the Tribunal and District Magistrate of Karachi. The Tribunal had previously declared Noor Muhammad as a dangerous and disorderly person, ordering his externment from Karachi for three years based on allegations of cheating. However, it was highlighted that the applicant had been acquitted in multiple related cases, which bolstered his argument. The learned counsel for the applicant referenced a precedent case where a similar externment was suspended, advocating for a similar outcome in this case. The court ultimately agreed to suspend the externment order, provided the applicant could secure the necessary surety. This decision underscores the importance of due process and the presumption of innocence, particularly for individuals with a bona fide business background. Keywords such as 'externment order', 'bona fide businessman', and 'legal precedent' make this case relevant in discussions surrounding legal rights and protections. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
FEROZE NANA GHULAMALI, J
|
| Lawyers |
learned counsel for the State,
learned counsel for the applicant
|
| Petitioners |
Noor Muhammad
|
| Respondents |
The Tribunal And District Magistrate Karachi
|
| Citations |
1969 SLD 819,
1969 PCRLJ 639
|
| Other Citations |
Arsalla Khan v. State (1968 P Cr. L J 107)
|
| Laws Involved |
Not available
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| Sections |
Not available
|