nine . Const. P. 255/2025 (S.B.) Zubaida W/O Muhammad Irfan V/S Inspector General of Police (IGP) Sindh and others Sindh High Court, Karachi The legislation enjoins the police to become scrupulously fair for the offender as well as the Magistracy is to guarantee a fair investigation and fair trial for an offender. Unfortunately, these objectives have remained unfulfilled. Aberrations of police officers and police excesses in dealing with the legislation and order situation have been the topic of adverse comments from this Court along with from other courts Nevertheless they have didn't have any corrective effect on it. The police has the power to arrest a person even without obtaining a warrant of arrest from a court. The an abundance of this power casts an obligation on the police and it must bear in mind, as held by this Court that if a person is arrested for a crime, his constitutional and fundamental rights must not be violated.
Article 199 of your Constitution allows High Court intervention only when "no other ample remedy is provided by law." It is effectively-settled that an aggrieved person must exhaust readily available remedies before invoking High Court jurisdiction, regardless of whether All those remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
When the DIGP finds evidence of the cognizable offense by possibly party, he shall direct the relevant SHO to record statements and commence according to the legislation. This petition stands disposed of in the above mentioned terms. Read more
The lots of this power casts an obligation within the police and it must bear in mind, as held by this Court that if a person is arrested for just a crime, his constitutional and fundamental rights must not be violated. However it is actually made crystal clear that police is free to get action against any person who is indulged in criminal activities issue to regulation. eight. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two weeks, address the alleged police misconduct. In the event the officials are found culpable, departmental proceedings for their punishment must be initiated, plus they shall be assigned non-discipline duties within the interim period. Read more
149 . Const. P. 6193/2016 (D.B.) Syed Musawar Shah V/S M.D CSD and Ors Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the instant Petition under Article 199 on the Constitution based over the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued to your petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement within the FIR lodged by FIA and from the intervening period the respondent dismissed him from service where after he preferred petition No.
However it really is made clear that police is free to just take action against any person who is indulged in criminal activities matter to regulation. However no harassment shall be caused to your petitioner, if she acts within the bonds of law. Police shall also make certain regard with the family shed in accordance with legislation and should they have reasonable ground to prevent the congnizable offence they are able to act, so far as raiding the house is concerned the police shall protected concrete evidence and obtain necessary permission from the concerned high police official/Magistrate as a issue of security in the house is concerned, which is just not public place under the Act 1977. nine. Considering the aforementioned details, the objective of filing this petition is realized. For that reason, this petition is hereby disposed of during the terms stated over. Read more
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Quite a few judgments have affirmed that the mere registration of a crime does not represent a "public interest" justification for restricting a person's liberty. Therefore, the Respondent's actions in placing the Petitioner's name around the ECL based about the criminal case are inconsistent with proven legal principles. For that reason, this petition must be allowed Read more
161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming into the main case, It's also a nicely-set up proposition of law that when an inquiry is conducted on charges of misconduct by a public servant, the Court is concerned with determining whether the inquiry was held by a competent officer or whether rules of natural justice are complied with. Whether the findings or conclusions are based on some evidence, the authority entrusted with the power to hold inquiry has jurisdiction, power, and authority to reach a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence inside the Stricto-Sensu, apply to disciplinary proceedings. When the authority accepts that evidence and conclusion obtain support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty with the charge, however, that is matter for the procedure provided under the relevant rules and never otherwise, for your reason that the Court in its power of judicial review does not act as appellate authority to re-enjoy the evidence and to arrive at its independent findings around the evidence.
The law of necessity regarded and upheld by Pakistan's highest judicial body has proved an honorable protection for military adventure in civil government.it absolutely was the illegal action called law of necessity..
162 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others click here Sindh High Court, Karachi It is actually nicely-settled that the civil servants must first pursue internal appeals within ninety days. In case the appeal is not decided within that timeframe, he/she will be able to then approach the service tribunal to challenge the initial order. Once they do so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, as being the ninety days to the department to act has already expired. To the aforesaid proposition, we've been guided via the decision of your Supreme Court from the case of Dr.
The reason for this difference is that these civil legislation jurisdictions adhere into a tradition that the reader should have the capacity to deduce the logic from the decision as well as statutes.[4]
Usually, only an appeal accepted through the court of previous resort will resolve this kind of differences and, For several reasons, these kinds of appeals in many cases are not granted.
Rulings by courts of “lateral jurisdiction” are not binding, but can be used as persuasive authority, which is to provide substance on the party’s argument, or to guide the present court.