Constitution Petition No.D-963 of 2013

 

Date                                                 Order with signature of the Judge

1.       For Katcha Peshi.

2.       For order on Misc. No.4396/2013.

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26th March 2013

Mr. Waqar Shah, Advocate for Petitioner along with Petitioner Pir Shabbir Ahmed Jan Sarhandi.

Mr. Sher Muhammad K. Sheikh, Additional Advocate General Sindh along with Muzaffer Alam Siddiqui DIG (Prisons) Karachi Division on behalf of IG (Prisons) Sindh, Ashraf Ali Nizamani Principal of Prison Staff Training Institute Hyderabad, Dr. Mansoor Ali Wassan Deputy Secretary Prisons and Muhammad Anwar Malik SO (Prisons) Home Department.

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                        Comments on behalf of the respondents No.3 and 4 have been filed, which are taken on record. Learned Addl. A.G. says that this petition can be disposed of by setting aside the order dated 7.3.2013, which is impugned in the instant petition, as the same has been passed without lawful authority. Counsel for the petitioner concedes to this position. Consequently, we dispose of this petition by declaring order dated 7.3.2013 as without authority. However, the respondents would be at liberty to act in accordance with law.

 

JUDGE

 

                                                                                                JUDGE