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 of the police is to apprehend offenders, examine crimes, and prosecute them before the Courts, also to prevent the commission of crime, and higher than all, make sure legislation and order to protect citizens' lives and property. The law enjoins the police to get scrupulously fair to the offender plus the Magistracy is to make 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 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 a lot of this power casts an obligation about 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. Read more
However, decisions rendered via the Supreme Court with the United States are binding on all federal courts, and on state courts regarding issues from the Constitution and federal law.
The an abundance 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 a crime, his constitutional and fundamental rights must not be violated. However it's made distinct that police is free to get action against any person who's indulged in criminal activities subject matter to legislation. eight. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two months, address the alleged police misconduct. If the officials are found culpable, departmental proceedings for their punishment must be initiated, and so they shall be assigned non-discipline duties while in the interim period. Read more
This Court may interfere where the authority held the proceedings against the delinquent officer inside a fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the summary or finding achieved because of the disciplinary authority is based on no evidence. Should the conclusion or finding is such as no reasonable person would have ever reached, the Court might interfere with the conclusion or even the finding and mildew the relief to make it proper on the facts of every case. In service jurisprudence, the disciplinary authority would be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-recognize the evidence or the nature of punishment. About the aforesaid proposition, we have been fortified with the decision with the Supreme Court from the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
In order to preserve a uniform enforcement on the laws, the legal system adheres to 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. Even though a writ under Article 199 is offered in specific limited situations, it really is generally not the suitable remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full chance to cross-analyze witnesses and present his/her defense but didn't convince the department of his/her innocence.
Amir Abdul Majid, 2021 SCMR 420. twelve. There is not any denial from the fact that in Government service it is predicted that the persons obtaining their character previously mentioned board, free from any moral stigma, are being inducted. Verification of character and antecedents is actually a condition precedent for appointment to your Government service. The candidates must have good character and supply two recent character certificates from unrelated individuals. What is discernible from the above is that the only impediment to being appointed to some Government service is the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a way out or guise to perform away with the candidature in the petitioner. Read more
The justices must be balanced between the political parties, this sort of that neither party has an advantage of more than one particular seat. To qualify to serve over the Supreme Court, a candidate must have been admitted to practice legislation in New Jersey for a minimum of ten years. This may be the same requirement as for Superior Court judges.
This Court may perhaps interfere where the authority held the proceedings against the delinquent officer within a manner inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the conclusion or finding attained because of the disciplinary authority is based on no evidence. If the summary or finding is which include no reasonable person would have ever arrived at, the Court may perhaps interfere with the summary or maybe the finding and mildew the relief to make it acceptable to your facts of each and every 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-recognize the evidence or perhaps the nature of punishment. About the aforesaid proposition, we are fortified from the decision with the Supreme Court from 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(Author) Source: Order: Downloads 337 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
Under Article 199, the court possesses the authority to review government policies for reasonableness if applicable in respondent university and to safeguard aggrieved parties' rights. Therefore, this petition is admissible based on set up court precedents, and the respondents' objections are overruled. Read more
The different roles of case law in civil and common regulation traditions create differences in the way in which that courts render decisions. Common legislation courts generally explain in detail the legal rationale at the rear of their decisions, with citations of both legislation and previous relevant judgments, and infrequently interpret the broader legal principles.
eight. For that reasons stated earlier mentioned, this court finds the petition to be without legal or factual foundation and therefore dismisses it. This court concurs with the respondents' position as contend in the comments, and their request is Therefore acceded to. All pending applications, if any, may also be dismissed. Read more
Therefore, this petition is found to be not maintainable which is dismissed along with the pending application(s), as well as petitioners may seek out remedies through the civil click here court process as discussed supra. Read more