MUHAMMAD AZEEM and anothers vs THE STATE
This matter arises from multiple criminal miscellaneous applications filed to quash criminal proceedings and F.I.R.s registered against the applicants, who are the driver and conductor of a passenger bus, under the Foreigner Act. The core legal question concerns whether criminal proceedings can continue against transport operators where there is no evidence of their involvement in transporting illegal immigrants or contravening immigration laws. The court held that since the applicants are Pakistani nationals and the prosecution conceded that no evidence exists linking them to any contravention or abetment under the Foreigner Act, the registration of these cases was without lawful authority and constituted an abuse of the court's process. The court laid down the principle that criminal proceedings lacking evidentiary foundation and instituted against transport operators without proof of unlawful conduct will be quashed to prevent abuse of legal process.
- Whether criminal proceedings under the Foreigner Act can be quashed when no evidence of abetment or contravention is brought on record against the accused?
- Can transport operators be prosecuted under the Foreigner Act merely for operating a bus carrying passengers without proof of unlawful assistance?
- Section 3(2)(a)(b), Foreigner Act
- Section 13/14, Foreigner Act
ORDER
1. ' SYED ZAWWAR HUSSAIN JAFFERY, J.---I intend to dispose of Criminal Miscellaneous Applications No 237 of 2006 to 249 of 2006 by common order, as the applicants/accused have been falsely involved in the F.I.R. No, 619 of 2006 to 632 of 2006 except F.I.R.No, 631 of 2006 under sections 3(2)(a)
2. (b), 13/14 of the Foreigner Act, registered at Police Station FIA Passport. Cell Karachi.
3. ' The brief facts of the case disclosed in the F.I.R. Are that the applicants are the driver and conductor respectively of Bus CH-12710 of Mullah Jan Coach Service, being plied on the route Karachi to Mand Bilo. The FIA party headed by S.-I. Syed Zahid Ali along with other staff intercepted the Bus and arrested the applicants and the passengers and seized the bus. The applicants and other passengers were brought at FIA center Karachi and 17 F.I.Rs, were registered at the Police Station FIA Passport Cell Karachi. After usual investigation the prosecution has submitted charge sheets/challans in the Court of 4th Judicial Magistrate West Karachi. The said cases were transferred in the Court of learned Sessions Judge Karachi West and at present the cases are pending trial in the Court of learned 1st Additional. Sessions Judge West Karachi against the applicants.
4. ' It is, inter alia, contended by Mr. Mehmood A. Qureshi learned counsel for applicants that applicants are Pakistani National and they have not contravened any provision, of Foreigner Act as they have neither abetted nor attempted to abet any person in contravention of any provision of any law and have not provided any assistance to the passengers in any manners either to enter Pakistan or to exit the Pakistan in contravention of any law for the time being force. The applicants are plying the bus from Karachi to Mand Billo, therefore, the applicants are not required to ask any person to show them any travelling documentation. The applicants had not committed any offence and the F.I.Rs, registered against them is illegal and without jurisdiction. The FIA personnel has wrongly seized the said bus from the lawful custody of the applicants and arrested them in 17 F.I.Rs, with mala fide intention and ulterior motive. It is further urged that there is no evidence brought on record against the applicants except the statement of co-accused before FIA authority, which is inadmissible in law. It is further urged that no useful purpose will be served in framing the charge against the applicants as there is no evidence at all against them.
5. ' Mr. S. Mehmood Alam Rizvi learned. Standing Counsel for the Federation has rightly conceded that there is no evidence against applicants as all other F.I.Rs, have been registered against applicants under the Immigration Ordinance of the same incident.
6. ' Admittedly, the applicants being Pakistani National have not contravened any provision of the Foreigner Act in their evidence not abetted nor attempted to abet any person in contravention of any provision of any law and have not provided any assistance to the passengers in any manners either to enter Pakistan or to exit the Pakistan in contravention of any law.
7. ' I have heard learned counsel for the respective parties.Learned Standing Counsel has rightly urged that the proceedings pending against applicants arising out of F.I.Rs, Nos. 619 of 2006 to 632 of 2006 except F.I.R No 631 of 2006 registered at Police Station FIA Passport Cell under sections 3(2)
8. (a)(b), 13/14 of the Foreigner Act, are quashed, as the same were registered without lawful authority and it falls within abuse of process of the Court, therefore, Criminal Miscellaneous Applications Nos.
9. 237 of 2006 to 249 of 2006 are allowed. The applicants may be released, if not detained in any other case.