IN THE HIGH COURT OF SINDH AT KARACHI

Present:

Mr. Justice Nadeem Akhtar

Mr. Justice Fahim Ahmed Siddiqui

C.P.No. D - 1906 of 2014

Manzoor Ahmed Rajput..………....……………...…………………..Petitioner

Versus

Province of Sindh and 02 others…………………..…………….Respondents

Date of Hearing : 21.03.2017

Mr. Muhammad Nazir Tanoli, advocate for the petitioner

Mr. Miran Muhammad Shah, AAG Sindh a/w

Amanullah Zardari, Deputy Secretary/Focal Person, Home Department

(CNIC No.41303-2869096-3)

J U D G M E N T

FAHIM AHMED SIDDIQUI, J: The petitioner is a lawyer by profession, who has challenged order/notice dated 20-03-2014 (hereinafter referred as 'impugned order/notice') issued by respondent No. 1 and published in different daily newspapers. Through the impugned order/notice, respondent No. 1 cancelled a huge number of armed licenses issued during the period with effect from 21-11-2011 to 16-07-2012 amongst them the license issued to petitioner was also included.

2. It is the case of the petitioner that being a practicing lawyer, he appears in high-profile and sensitive cases due to which he felt security risk for himself. For the purpose of self-protection, he applied for issuance of an armed license to the concerned office and a license was issued to him. The petitioner purchased a pistol with some rounds from an approved dealer of arms and ammunition. He subsequently came to know that the government has cancelled his license as the same was issued during the period described above. It is the contention of the petitioner that the impugned order/notice of cancellation of licences in an omnibus fashion is illegal and unlawful. Through the instant petition, he prayed for a declaration that the impugned order/notice is illegal, being contrary to the fundamental constitutional rights of a citizen as such having no legal effect. He prayed to declare that being null and void, the impugned order/notice is not binding on the petitioner as well as other arms license holders. He also requested for a direction to respondent No. 1 to withdraw the impugned order/notice.

3. The notices were issued to the respondents, who submitted their comments in response to the notice issued to them. As the issuance of armed licences now pertains to Home Department, Government of Sindh, therefore, the focal person of Home Department was called and he was also directed to submit report/comments. The comprehensive comments of Home Department have brought the entire position of affairs on the record. The concerned officer of the Government of Sindh supported the impugned order/notice by submitting that the licences issued during the period with effect from 21-11-2011 to 16-07-2012 are fake and having no record in the concerned office.

4. We have heard the arguments and have gone through the relevant record annexed with the pleadings and subsequently filed comments.

5. The learned counsel for the petitioner emphasizes that the license was issued after fulfilling all the formalities and requisite fee was paid in the concerned bank as such the respondents No. 1 and No. 2 are bound to issue a direction that the license issued to the petitioner is lawful and valid. On the contrary, the learned DAG submits that during the period of 21-11-2011 to 16-07-2012, some embezzlement of licence fee had taken place in the office of Deputy Commissioner South Karachi. All those licenses issued during that period whose record is not traceable have been cancelled with the intention that the same could not go in the hands of criminals and terrorists. According to him, the action was taken in the interest of public at-large without any ill motive. He submits that the petitioner may apply for a fresh license and his application will be considered on priority basis under the law, as soon as the moratorium on the issuance of fresh licenses is lifted.

6. The incident of missing of record of licences issued to the innocent citizen is itself serious in nature. It is indeed astonishing that the incident of missing of records of more than 5000 arms licenses was happened in an office which is responsible for the issuance of licenses. However, it is satisfactory now that the issuance of the armed license has been computerized as well as centralized. In this new scenario, it is difficult rather impossible for anyone to repeat such incidents in future. From the report of Home Department, it is revealed that the embezzlement of the amount of licence fee and issuance of fake licences was firstly noticed by the Additional Chief Secretary, Home Department, who reported the incident to Commissioner Karachi. Being an important and sensitive issue, the Commissioner of Karachi Division, formed a Fact-Finding Committee, comprising nine (09) officers of different departments. After scrutinizing the entire record and interviewing various officials, the said committee reached to a conclusion that 5010 Arm Licences, issued during the period of 21-11-2011 to 16-07-2012, are fake as the same are having no record. It also transpires from the enquiry report that some of the concerned government officials are responsible for all these venalities and action is being taken against them.

7. The petitioner’s licence also falls amongst those licenses whose record is not traceable and the same are purported to be fake. The issue of fake licenses is serious and sensitive; therefore, we direct that all those who are responsible for the same should be dealt with sternly as per law. In these circumstances, the relief claimed by the petitioner cannot be extended. However, the petitioner is at liberty to file a fresh application with the concerned department for issuance of a licence and the same should be dealt with and decided as per law. With these observations, the instant petition is disposed of with no order as to cost.

JUDGE