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 from the police should be to apprehend offenders, look into crimes, and prosecute them before the Courts, also to prevent the commission of crime, and above all, make sure legislation and order to protect citizens' lives and property. The law enjoins the police to get scrupulously fair to your offender as well as 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 regulation and order situation have been the topic of adverse comments from this Court and from other Courts, However they have did not have any corrective effect on it.
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Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) 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 regulation enjoins the police for being scrupulously fair on the offender and also 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 subject of adverse comments from this Court as well as from other courts However 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 plenty 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 just a crime, his constitutional and fundamental rights must not be violated. However it is actually made obvious that police is free to consider action against any person that's indulged in criminal activities subject matter to law. 8. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two weeks, address the alleged police misconduct. Should the officials are found culpable, departmental proceedings for their punishment must be initiated, plus they shall be assigned non-area duties while in the interim period. Read more
184 . Const. P. 469/2022 (D.B.) Zain Ahmed V/S The I.G of Police and Others Sindh High Court, Karachi In the instant case, the guidelines as established forth would not apply, as the criminal Court has not convicted the petitioner, somewhat he has long been acquitted on the criminal charges based on evidence and it really is effectively-settled legislation that once the civil servant is acquitted while in the criminal case, then on this quite charge he cannot be awarded in almost any punishment via the department and held him disqualified with the post because acquittal for all foreseeable future purposes. The aforesaid proposition has actually been set at naught through the Supreme Court of Pakistan inside the case in the District Police Officer Mainwali and 2 others v.
Even though there is not any prohibition against referring to case law from a state other than the state in which the case is being listened to, it holds little sway. Still, if there is not any precedent from the home state, relevant case law from another state can be regarded as through the court.
Legislation professors traditionally have played a much smaller role in producing case regulation in common law than professors in civil law. Because court decisions in civil law traditions are historically brief[4] and never formally amenable to establishing precedent, much of the exposition from the legislation in civil legislation traditions is completed by teachers somewhat than by judges; this is called doctrine and could be published in treatises or in journals such as Recueil Dalloz more info in France. Historically, common law courts relied minor on legal scholarship; So, within the turn in the twentieth century, it had been quite exceptional to discover an educational writer quoted in a very legal decision (other than Probably for that tutorial writings of popular judges which include Coke and Blackstone).
However it can be made clear that police is free to consider action against any person who's indulged in criminal activities subject matter to regulation. However no harassment shall be caused to the petitioner, if she acts within the bonds of legislation. Police shall also guarantee regard of the family drop in accordance with legislation and whenever they have reasonable ground to prevent the congnizable offence they can act, so far as raiding the house is concerned the police shall secure concrete evidence and procure necessary permission from the concerned high police official/Magistrate being a issue of security on the house is concerned, which is not really public place under the Act 1977. nine. Considering the aforementioned details, the objective of filing this petition continues to be reached. As a result, this petition is hereby disposed of while in the terms stated earlier mentioned. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads forty Order Date: 08-APR-25 Approved for Reporting WhatsApp
10. Without touching the merits on the case of the issue of yearly increases during the pensionary emoluments of the petitioner, in terms of policy decision in the provincial government, these once-a-year increase, if permissible in the case of employees of KMC, demands further assessment to get made because of the court of plenary jurisdiction. KMC's reluctance on account of funding issues and deficiency of adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, demanding the petitioner to go after other legal avenues. Read more
12. There is no denial from the fact that in Government service it is expected that the persons owning their character earlier mentioned board, free from any moral stigma, are to be inducted. Verification of character and antecedents can be a condition precedent for appointment to a Government service. The candidates must have good character and supply two recent character certificates from unrelated individuals. What is discernible from the above mentioned is that the only impediment to being appointed into a Government service will be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a means out or guise to do absent with the candidature in the petitioner. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 185 Order Date: fifteen-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 also to safeguard aggrieved parties' rights. Consequently, this petition is admissible based on proven court precedents, and also the respondents' objections are overruled. Read more
The appellate court determined that the trial court had not erred in its decision to allow more time for information for being gathered through the parties – specifically regarding the issue of absolute immunity.
171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It is actually well established now that the provision for proforma promotion isn't alien or unfamiliar for the civil servant service construction however it is already embedded in Fundamental Rule 17, wherein it really is lucidly enumerated that the appointing authority could if pleased that a civil servant who was entitled to be promoted from a particular date was, for no fault of his possess, wrongfully prevented from rendering service to the Federation/ province within the higher post, direct that this sort of civil servant shall be paid the arrears of pay out and allowances of these kinds of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
Free database for searching federal court dockets and documents pulled from PACER. Coverage is not really complete, but this is a superb starting point. See Background section at base of RECAP website for more information.