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The main objectives of police will be to apprehend offenders, examine crimes, and prosecute them before the cours also to prevent to commission of crime, and above all ensure law and order to protect citizen???s life and property. Read more
10 . Const. P. 235/2025 (S.B.) Atif S/o Latif V/S Province of Sindh and others Sindh High Court, Karachi The regulation enjoins the police being scrupulously fair for the offender and the Magistracy is to make sure 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 regulation and order situation have been the subject of adverse comments from this Court as well as 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 lots 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 the crime, his constitutional and fundamental rights must not be violated. However it's made apparent that police is free to get action against any person that's indulged in criminal activities matter 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. If your officials are found culpable, departmental proceedings for their punishment must be initiated, plus they shall be assigned non-discipline duties in the interim period. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 113 Order Date: 08-APR-25 Approved for Reporting WhatsApp
Therefore, this petition is found to be not maintainable and it is dismissed along with the pending application(s), and the petitioners may possibly look for remedies through the civil court process as discussed supra. Read more
In order to preserve a uniform enforcement with the laws, the legal system adheres for the doctrine of stare decisis
27 . Const. P. 4002/2011 (D.B.) Ibrahim Noor V/S Pakistan International Airways Corporation & Ors. Sindh High Court, Karachi Even, if a petitioner was acquitted in a very criminal case following a conviction, in NAB Reference No. 20/2011, this does not automatically bring about exoneration from departmental charges based around the same factual grounds. Whilst a writ under Article 199 is out there in specific limited situations, it is actually generally not the suitable remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full possibility to cross-study witnesses and present his/her defense but didn't influence the department of his/her innocence.
S. Supreme Court. Generally speaking, proper case citation includes the names with the parties to the original case, the court in which the case was listened to, the date it was decided, as well as book in which it is actually recorded. Different citation requirements may possibly consist of italicized or underlined text, and certain specific abbreviations.
Only the written opinions of the Supreme Court as well as the Court of Appeals are routinely available. Decisions from the lessen (trial) courts will not be generally published or dispersed.
This Court may well interfere where the authority held the proceedings against the delinquent officer inside a method inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the conclusion or finding reached with the disciplinary authority is based on no evidence. If the summary or finding is such as no reasonable person would have ever arrived at, the Court may perhaps interfere with the conclusion or the finding and mould the relief to make it suitable to your facts of each case. In service jurisprudence, the disciplinary authority will be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-enjoy the evidence or even the nature of punishment. On the aforesaid proposition, we're fortified with the decision of your Supreme Court while in the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 337 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
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 law laid down from the Supreme Court in the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Thus, the competent authority on the parent department in the petitioner and also the click here Chief Secretary, Sindh, are liable to release the pensionary amount of your petitioner and shell out the pension amount and other ancillary benefits on the petitioner to which He's entitled under the legislation within two months from the date of receipt of this order. The competent authority on the respondent can also be directed to recalculate the pensionary benefits from the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
A year later, Frank and Adel have a similar issue. When they sue their landlord, the court must make use of the previous court’s decision in applying the legislation. This example of case law refers to two cases heard during the state court, for the same level.
eight. For the reasons stated above, this court finds the petition to become without legal or factual foundation and therefore dismisses it. This court concurs with the respondents' position as contend inside the comments, and their request is Consequently acceded to. All pending applications, if any, are dismissed. Read more
Therefore, this petition is found to be not maintainable and it is dismissed along with the pending application(s), and the petitioners might find remedies through the civil court process as discussed supra. Read more