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 with the police is always to apprehend offenders, investigate crimes, and prosecute them before the Courts, also to prevent the commission of crime, and earlier mentioned all, ensure legislation and order to protect citizens' lives and property. The law enjoins the police being scrupulously fair on the offender and 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 regulation and order situation have been the subject of adverse comments from this Court along with from other Courts, Nonetheless they have didn't have any corrective effect on it.
Article 199 of your Constitution allows High Court intervention only when "no other adequate remedy is provided by regulation." It really is perfectly-settled that an aggrieved person must exhaust obtainable remedies before invoking High Court jurisdiction, regardless of whether Those people remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
Since the Supreme Court may be the final arbitrator of all cases where the decision continues to be arrived at, therefore the decision on the Supreme Court needs for being taken care of as directed in terms of Article 187(two) with the Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
This ruling has conditions, and Considering that the petitioners unsuccessful a qualifying Examination, they cannot claim equity or this Court's jurisdiction based to the Niazi case analogy. nine. In view of the above mentioned facts and circumstances with the case, petitioners have not demonstrated a case for this court's intervention under Article 199 with the Constitution. Read more
13. The Supreme Court has held that the moment the act of misconduct is established and the employee is found guilty after thanks process of regulation, it is the prerogative in the employer to decide the quantum of punishment, from the various penalties provided in regulation. The casual or unpremeditated observation that the penalty imposed just isn't proportionate with the seriousness in the act of misconduct is not really ample even so the order must show that the competent authority has applied its mind and exercised the discretion within a structured and lawful manner. Read more
Civil Courts retain jurisdiction over title disputes in partition matters. Agreement to sell does not confer title; it involves legal transfer of title. Agreement to sell must be developed and properly exhibited in evidence. Declining relief based on an unproduced and un-exhibited sale agreement is legally unsustainable. Read more
All executive and judicial authorities throughout Pakistan are obligated to act in support with the Supreme Court, guaranteeing the enforcement of its judgments. Because the Supreme Court is the final arbitrator of all cases where the decision has actually been achieved, the decision on the Supreme Court needs to get taken care of as directed in terms of Article 187(two) of your Constitution. Read more
The court system is then tasked with interpreting the regulation when it truly is unclear how it applies to any supplied situation, normally rendering judgments based over the intent of lawmakers and the circumstances of your case at hand. Such decisions become a guide for long run similar cases.
161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming to your main case, It is additionally a properly-founded proposition of regulation 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 achieve a finding of fact or summary. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence within the Stricto-Sensu, apply to disciplinary proceedings. When the authority accepts that evidence and summary get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty in the charge, however, that is subject matter for the procedure provided under the relevant rules and not otherwise, with the reason that the Court in its power of judicial review does not act as appellate authority to re-recognize the evidence and to reach at its independent findings around the evidence.
This Court may well interfere where the authority held the proceedings against the delinquent officer in a manner 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 through the disciplinary authority is based on no evidence. In the event the summary or finding is such as no reasonable person would have ever attained, the Court may perhaps interfere with the summary or maybe the finding and mildew the relief to make it suitable to your facts of each and every case. In service jurisprudence, the disciplinary authority is definitely the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-take pleasure in the evidence or the nature of punishment. About the aforesaid proposition, we've been fortified via the decision of your Supreme Court inside the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). get more info Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 337 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
Matter:-DIRECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) 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 SHC Citation: SHC-252210 Tag:The regulation enjoins the police to get scrupulously fair to the offender as well as Magistracy is to be 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 legislation and order situation have been the subject of adverse comments from this Court in addition to from other courts However they have failed to 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 loads 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.
If granted absolute immunity, the parties would not only be protected from liability during the matter, but could not be answerable in almost any way for their actions. When the court delayed making such a ruling, the defendants took their request to your appellate court.
Since the Supreme Court could be the final arbitrator of all cases where the decision has been achieved, therefore the decision with the Supreme Court needs to become taken care of as directed in terms of Article 187(2) from the Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
Therefore, this petition is found to get not maintainable which is dismissed along with the pending application(s), plus the petitioners may well request remedies through the civil court process as discussed supra. Read more