JOHN DENEYS VANRENEN TAYLOR Versus THE STATE and another
This writ petition arose from the arrest and registration of a criminal case against the petitioner under Section 14 of the Foreigners Act, 1946 by Police Station Aabpara, Islamabad, after he presented a UK passport lacking a valid visa entry. The petitioner challenged the registration of the FIR, claiming Pakistani citizenship under Section 3 of the Pakistan Citizenship Act, 1951 on the basis that his mother was born, died, and was buried in Pakistan, rendering the criminal proceedings unlawful. The State, through the Assistant Advocate-General, indicated willingness to consider relevant supporting documentation, and the investigating officer acknowledged receiving the birth and death certificates of the petitioner's mother. The Lahore High Court disposed of the writ petition with a direction to the investigating officer to verify the genuineness of the submitted certificates within two days. The Court held that if the certificates were verified as genuine, the FIR registered under the Foreigners Act would stand quashed and the petitioner released from jail immediately.
- Whether a person possessing a foreign passport without a visa entry can claim immunity from prosecution under Section 14 of the Foreigners Act, 1946 based on citizenship claims under Section 3 of the Pakistan Citizenship Act, 1951?
- Can an FIR registered under Section 14 of the Foreigners Act, 1946 be ordered to stand quashed conditional upon the police verification of documentary proof of Pakistani citizenship?
- Section 14, Foreigners Act 1946
- Section 3, Pakistan Citizenship Act 1951
ORDER
The petitioner is stated to be a Director of Renala Estate (Pvt.) Ltd., Okara. There is some on-going litigation between the said company and Federal Government pertaining to dispute arising out during the proceedings under the various land reforms regulations. It has been stated that the mother of the petitioner was born at Abbottabad. She died in Pakistan and is buried in the said land. Now on 22-12-2003 Safdar Hussain, S.-I., Police Station Aabpara, District Islamabad confronted the petitioner and a companion. He presented his passport issued by U.K. Government. The passport did not contain a visa 'entry. He was accordingly arrested and case under section 14 of the Foreigners Act, 1946 was registered.
2. Learned counsel for the petitioner with reference to section 3 of Pakistan Citizenship Act, 1951, contends that the mother of the petitioner having born, died and buried in Pakistan, his client is citizen of this country and F. I. R. is without lawful authority. Learned A.A.-G. on the other hand, states that let the petitioner produce relevant document which will be considered.
3. The petitioner present in custody reiterates the said facts noted above. According to him his previous passport was stolen and a fresh passport was issued by U.K. Government through High Commission in Islamabad. The police official present confirms that the learned counsel for the petitioner has provided the birth certificate as also death entry of the mother of the petitioner. This writ petition is accordingly disposed of with direction that the said I.O. verify the said certificate within two days and in case it is found to be genuine, the F.I.R. shall stand quashed and the petitioner shall be released immediately from the jail.
A copy of this order be remitted to the Superintendent, Central Jail, Adiala to remain in contact with the said I.O.
H.B.T./J-43/L Order accordingly: