Ahmed Shah (Petitioner) VS Fed. of Pakistan & Ors (Respondent)

ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No. D-1674 of 2026 [Ahmed Shah V. Federation of Pakistan and others]

Date Order with signature of Judge(s)

Before:

Mr. Justice Adnan-ul-Karim Memon Mr. Justice Zulfiqar Ali Sangi

1.For order on office objection.

2.For hearing of CMA No.6733/2026.

3.For hearing of main case.

Date of hearing and Order: 06.04.2026

Mr. Kausar Ali Shar, Advocate for the Petitioner.

Ms. Wajiha Mahdi, D.A.G.

Mr. Abdul Jaleel Zubedi, A.A.G.

Mr. Khalid Langah, Mukhtiarkar, Darden, on behalf of Deputy Commissioner South-Respondent No.06.

ORDER

Adnan-ul-Karim Memon, J. – The Petitioner, Ahmed Shah, has filed this constitutional petition under Article 199 of the Constitution, challenging the sealing of his petroleum service station (M/s Jubilee Filling Station, Karachi) vide order dated 10.03.2026, and seeking de-sealing, declaration of the impugned action as illegal, and restraint against coercive measures.

2.Learned counsel for the petitioner contended that the Petitioner is a Pakistani citizen, holding a valid CNIC, and the sealing was carried out without notice, lawful authority, or due process, allegedly based on an unverified claim of Afghan nationality, in violation of Articles 4 and 10 of the Constitution.

3.Learned A.A.G submitted a report stating that the Petitioner has been declared an Afghan national, hence the sealing of the petrol pump is justified.

4.Prima facie, no material has been placed on record to substantiate such a claim; therefore, the matter is remanded to the Commissioner, Karachi, to decide the issue of sealing of the subject property within two weeks by speaking order, with cogent reasons and supporting documents whether the DC is competent to seal the private premises based on the analogy that petitioner is Afghan National, however, after hearing the Petitioner.

5.The petition, along with pending applications, stands disposed of in these terms. A compliance report shall be submitted through MIT-II. Let a copy of the order be communicated to the Commissioner Karachi for compliance.

JUDGE

JUDGE

Ayaz Gul