33 . Const. P. 114/2025 (S.B.) Mst. Zoya and another V/S The Province of Sindh and others Sindh High Court, Karachi Additionally, the main objectives on the police is usually to apprehend offenders, investigate crimes, and prosecute them before the Courts, also to prevent the commission of crime, and earlier mentioned all, make sure legislation and order to protect citizens' lives and property. The regulation enjoins the police for being scrupulously fair into the offender and also the Magistracy is to be sure a fair investigation and fair trial for an offender. Unfortunately, these objectives have remained unfulfilled. Deviations of police officers and police excesses in dealing with the law and order situation have been the topic of adverse comments from this Court together with from other Courts, However they have failed to have any corrective effect on it.
In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution is usually justified when The essential norm underlying a Constitution disappears and a new system is put in its place.
14. In the light of the position explained earlier mentioned, it is actually concluded that a civil servant provides a fundamental right to be promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be viewed as for no fault of his personal and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency in the size of service or in the form of inquiry and departmental action was so taken against his right of promotion. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 433 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
The plenty of this power casts an obligation over the police and it must bear in mind, as held by this Court that if a person is arrested for the crime, his constitutional and fundamental rights must not be violated. However it really is made distinct that police is free to take action against any person that's indulged in criminal activities issue to regulation. 8. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two months, address the alleged police misconduct. Should the officials are found culpable, departmental proceedings for their punishment must be initiated, they usually shall be assigned non-discipline duties within the interim period. Read more
This is because transfer orders are typically thought of within the administrative discretion of the employer. However, there could possibly be exceptions in cases where the transfer is determined by malice, personal vendetta, or discrimination against the employee, They could have grounds to challenge before the appropriate forum. Read more
Because the Supreme Court would be the final arbitrator of all cases where the decision has actually been arrived at, therefore the decision of the Supreme Court needs for being taken care of as directed in terms of Article 187(two) on the Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
27 . Const. P. 4002/2011 (D.B.) Ibrahim Noor V/S Pakistan International Airlines Corporation & Ors. Sindh High Court, Karachi Even, if a petitioner was acquitted inside a criminal case following a conviction, in NAB Reference No. 20/2011, this does not automatically bring about exoneration from departmental charges based within the same factual grounds. When a writ under Article 199 is on the market in specific limited situations, it can be generally not the right remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full opportunity to cross-examine witnesses and present his/her defense but did not encourage the department of his/her innocence.
eleven . Const. P. 1479/2024 (S.B.) Mst. Shir Bano and another V/S Province of Sindh and others Sindh High Court, Karachi Primarily, this can be a free and democratic region, and once a person becomes a major he / she can marry whosoever he/she likes; In case the parents with the boy or Lady will not approve of this sort of inter-caste or interreligious marriage the utmost they will do if they could Slash off social relations with the son or the daughter, Nevertheless they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes this sort of inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Female that's major undergoes inter-caste or inter-religious marriage with a woman or man who is a major, the couple is neither harassed by any person nor subjected to threats or acts of violence and anyone who provides these types of threats or harasses or commits acts of violence either himself or at his instigation, is taken to process by instituting criminal proceedings with the police against these persons and further stern action is taken against this kind of person(s) as provided by law.
Only the written opinions of the Supreme Court as well as the Court of Appeals are routinely offered. Decisions of your reduced (trial) courts are certainly not generally published or dispersed.
Article 27 with the Constitution does not only safeguard against discrimination within the time of appointment of service but after the appointment also. The disparity within the shell out scale allowances of Stenographers during the District Judiciary is within the obvious negation with the legislation laid down because of the Supreme Court in its many pronouncements. Read more
In other circumstances as discussed supra pensionary benefits cannot be stopped on account of criminal charges after the retirement of two years; and, is violative on the legislation laid down by the Supreme Court in the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Therefore, the competent authority in the parent department from the petitioner along with the Chief Secretary, Sindh, are liable to release the pensionary amount from the petitioner and shell out the pension amount and other ancillary benefits towards the petitioner to which he is entitled under the law within two months from the date of receipt of this order. The competent authority from the respondent is likewise directed to recalculate the pensionary benefits with the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
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