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Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 235/2025 (S.B.) Atif S/o Latif V/S Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252216 Tag:The legislation enjoins the police to get scrupulously fair to your 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 legislation and order situation have been the topic of adverse comments from this Court in addition to from other courts However they have did not 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.
This ruling has conditions, and Because the petitioners failed a qualifying Test, they cannot claim equity or this Court's jurisdiction based over the Niazi case analogy. nine. In view of the above mentioned facts and circumstances of your case, petitioners have not demonstrated a case for this court's intervention under Article 199 with the Constitution. Read more
For that reason, the petition and any related applications are dismissed. The Petitioner has to pursue his remedy through an appeal before the competent authority. If these an appeal has not nevertheless been decided, it should be addressed. Following that decision, the Petitioner may perhaps then look for further recourse before the Service Tribunal. Read more
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All executive and judicial authorities throughout Pakistan are obligated to act in aid on the Supreme Court, ensuring the enforcement of its judgments. As being the Supreme Court will be the final arbitrator of all cases where the decision has actually been attained, the decision of your Supreme Court needs for being taken care of as directed in terms of Article 187(two) in the Constitution. Read more
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ten. Without touching the merits of the case on the issue of once-a-year increases during the pensionary emoluments of the petitioner, in terms of policy decision on the provincial government, such annual increase, if permissible within the case of employees of KMC, calls for further assessment to be made with the court of plenary jurisdiction. KMC's reluctance as a consequence of funding issues and lack of adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, necessitating the petitioner to pursue other legal avenues. Read more
This Court may perhaps 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 manner of inquiry or where the summary or finding arrived at by the disciplinary authority is based on no evidence. Should the summary or finding is such as no reasonable person would have ever arrived at, the Court might interfere with the conclusion or the finding and mildew the relief to make it proper for the 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-value the evidence or even the nature of punishment. Around the aforesaid proposition, we've been fortified via 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-25 Approved for click here Reporting WhatsApp
This page contains slip opinions. Slip opinions are classified as the opinions that are filed within the working day that the appellate court issues its decision and in many cases are not the court's final opinion.
If granted absolute immunity, the parties would not only be protected from liability while in the matter, but couldn't be answerable in almost any way for their actions. When the court delayed making this kind of ruling, the defendants took their request on the appellate court.
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Summaries give a condensed overview of offences and their penalties, and also the procedural aspects of prosecuting and punishing individuals accused of committing crimes.