MUHAMMAD FAISAL Versus State
This matter arose from an appeal filed by the appellant challenging a sentence of deportation. The appellant, claiming Pakistani citizenship by birth and presenting computerized National Identity Cards (NICs) of his parents, filed the appeal after the prescribed limitation period due to financial constraints. The core legal question before the High Court was whether the delay in filing the appeal could be condoned and whether the deportation order should be suspended pending the final decision, given the appellant's claim of citizenship. The Sindh High Court held that because the question of citizenship was of significant importance and the appellant's parents possessed computerized NICs, the delay was condoned in the interest of justice. Consequently, the Court admitted the appeal and suspended the execution of the deportation sentence, ordering the appellant's release on bail subject to furnishing a surety bond.
- Whether delay in filing an appeal against a deportation order can be condoned in the interest of justice where the appellant's citizenship is prima facie supported by parental identity documents?
- Whether a sentence of deportation can be suspended pending the final determination of an appeal concerning the appellant's Pakistani citizenship?
ORDER
1. MUHAMMAD SADIQ LAGHARI, J.-- The former contends that the appellant is citizen of Pakistan having born here. That his parents have computerized NICs and photocopies thereof have been annexed to present appeal. He further contends that due to financial constraint the appellant could not engage an Advocate and filed appeal within time. He further stated that the delay may be condoned keeping in view the importance of the question involved in the case. He also contends that although the period of imprisonment has already expired but still the second tart of the punishment in shape of deportation awaits its execution.
2. Although the appeal is belated, but the question involved in it is important one specially when the parents of the appellants do possess computerized NICs. In the interest of justice delay is condoned and appeal admitted for hearing.
3. Since the appeal has been admitted for hearing for reasons mentioned above the sentence to the appellant of deportation is hereby suspended till the decision of the appeal. The appellant be released on furnishing the surety in the sum of Rs.1,00,000 with P.R. bond in the like amount to the satisfaction of Nazir of this Court provided he is not to be kept confined in any other proceedings/case.
4. H.B.T./M-203/K Sentence suspended.