SARDAR MUHAMMAD vs GOVERNMENT OF BALOCHISTAN through Secretary Home and Tribal Affairs Department, Quetta S — 2023 PLD 27 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 PLD 27 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: PLD
Parties: SARDAR MUHAMMAD vs GOVERNMENT OF BALOCHISTAN through Secretary Home and Tribal Affairs Department, Quetta S
Subject matter: Constitutional
Provisions referred to: S. 4---C; S. 4; Private Money Lending Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

SARDAR MUHAMMAD VS GOVERNMENT OF BALOCHISTAN through Secretary Home and Tribal Affairs Department, Quetta S. 4---Constitution of Pakistan, Art. 199---Prohibition of private money lending---Protection from harassment---Scope---Petitioner sought direction to restrain the police authorities from harassing, blackmailing, arresting him and continuously visiting his house---Contention of petitioner was that his brother, who had been disavowed by his father, had allegedly borrowed certain amount from private respondent; that the private respondent got the petitioner arrested and illegally confined; that the police was conducting continuous raids at his house and that too without any search warrant and accompanying any lady constable---Held; present case was of private money lending, which was an offence under S. 4 of the Balochistan Prohibition of Private Money Lending Act, 2014---Police instead of initiating proceedings under the private respondent had started pressurizing the petitioner to pay the alleged outstanding amount---Calling petitioner repeatedly to police station or compelling him for return of alleged amount was palpably without jurisdiction---Such dispute could only be resolved by the competent court of law that too after recording of evidence---Constitutional petition was allowed and the official respondents were restrained from any kind of interference between the parties in respect of the dispute in question.

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