As being the Supreme Court would be the final arbitrator of all cases where the decision has been attained, therefore the decision on the Supreme Court needs to become taken care of as directed in terms of Article 187(2) of the Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
The main objectives of police is to apprehend offenders, examine crimes, and prosecute them before the cours also to prevent to commission of crime, and earlier mentioned all ensure law and order to protect citizen???s life and property. Read more
Should the DIGP finds evidence of the cognizable offense by possibly party, he shall direct the relevant SHO to record statements and progress according on the law. This petition stands disposed of in the above terms. Read more
The an abundance 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 any crime, his constitutional and fundamental rights must not be violated. However it's made distinct that police is free to consider action against any person who is indulged in criminal activities subject matter to regulation. 8. 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, they usually shall be assigned non-field duties from 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 moment case, the guidelines as established forth would not utilize, because the criminal Court has not convicted the petitioner, instead he has become acquitted from the criminal charges based on evidence and it can be perfectly-settled regulation that once the civil servant is acquitted in the criminal case, then on this very 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 become established at naught by the Supreme Court of Pakistan within the case with the District Police Officer Mainwali and a pair of others v.
The proposal appears to be reasonable and acceded to. From the meantime police shall remain neutral from the private dispute between the parties, however, if any with the individuals is indulged in criminal action the police shall just take prompt action against them under legislation. 5. The moment petition is disposed of in the above mentioned terms. Read more
Legislation professors traditionally have played a much scaled-down role in developing case law in common law than professors in civil law. Because court decisions in civil legislation traditions are historically brief[four] rather than formally amenable to establishing precedent, much with the exposition with the regulation in civil regulation traditions is finished by teachers somewhat than by judges; this is called doctrine and could be published in treatises or in journals which include Recueil Dalloz in France. Historically, common regulation courts relied little on legal scholarship; thus, in the turn from the twentieth century, it had been incredibly exceptional to view an educational writer quoted inside of a legal decision (apart from Maybe with the tutorial writings of popular judges for instance Coke and Blackstone).
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As a result, this petition is hereby disposed of while in the terms stated over. However no harassment shall be caused to possibly party and also the case shall be decided through the competent court of regulation if pending. Read more
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Given that the Supreme Court will be the final arbitrator of all cases where the decision has actually been reached, therefore the decision from the Supreme Court needs for being taken care of as directed in terms of Article 187(two) with the Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi SHC Citation: SHC-225471 Tag:Coming on the main case, it is also a very well-recognized 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 in the Stricto-Sensu, use to disciplinary proceedings. When the authority accepts that evidence and conclusion acquire support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty on the charge, however, that is matter to get more info the procedure provided under the relevant rules rather than otherwise, for the reason that the Court in its power of judicial review does not work as appellate authority to re-recognize the evidence and to arrive at its independent findings over the evidence.