DOCSLIB.ORG

ORDER SHEET in the HIGH COURT of SINDH, KARACHI C.P No.D

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
ORDER SHEET in the HIGH COURT of SINDH, KARACHI C.P No.D ORDER SHEET IN THE HIGH COURT OF SINDH, KARACHI C.P No.D-6737 of 2015 Present Mr. Justice Muhammad Ali Mazhar Mr. Justice Anwar Hussain Sohail Baig Noori ……….. Petitioner Versus The High Court of Sindh through Registrar & others …....... Respondents Dates of hearing: 19.02.2016, 26.02.2016, 04.03.2016, 21.03.2016 & 28.03.2016. Mr. Abdul Abid Advocate for the Petitioner. Mr.Sohail Baig Noorie, Petitioner is also present. Mr. Salahuddin Ahmed, Amicus Curiae. Mr.Ghulam Mustufa Memon, Registrar, Sindh High Court. Mr.Sibtain Mehmood, A.A.G. …..……… Muhammad Ali Mazhar J. This petition of quo warranto has been brought to challenge the appointment of respondent No.2 as Chairman Inspection Team (C.I.T), Sindh High Court Establishment. 2. The petitioner is by profession an advocate. He is also convener of Justice Lawyers Front (J.L.F), Karachi. He argued in person that the respondent No.2 was elevated as judge of this court on the advice of then Chief Justice of Pakistan Mr. Justice Abdul Hameed Dogar. He referred to the judgment reported in PLD 2009 S.C 789 and further argued that in view of the dictum laid down in the 2 [C.P.NO.D-6737/2015] aforesaid judgment by the apex court, the respondent No.2 is not a retired Judge of this court. He was initially appointed on contract basis as Chairman Inspection Team vide Notification dated 30.07.2015 on up-gradation of the post of M.I.T-I but subsequently, he was also allowed to officiate as Registrar of this court as a former Judge of the High Court which amounts to contempt of the hon’ble Supreme Court. So far as the merits of the case are concerned, he argued that the appointment of the respondent No.2 on contract basis is sheer violation of the judgment of the hon’ble Supreme Court passed in Criminal Original Petition No.89 of 2011. The appointment of respondent No.2 on contract basis is also clear-cut violation of the Sindh High Court Establishment (Appointment and Condition of Service) Rules, 2006 which clearly provides that the post of M.I.T should be filled by transfer/promotion amongst senior most District & Sessions Judges. The respondent No.2 was retired from the post of District & Sessions Judge so he cannot be appointed on contract basis. He further argued that the Notification for the appointment of respondent No.2 clearly indicates that in order to accommodate him, the post of Chairman Inspect Team was created which could not be done under Rule 4 of the Sindh High Court Establishment (Appointment and Condition of Service) Rules, 2006 without the concurrence of the Administration Committee. He moved an application to the hon’ble Chief Justice of this court against the appointment of the respondent No.2 but no action was taken. The up-gradation and creation of new post under the guise of change of nomenclature was a person specific to accommodate the Respondent No.2 alone which is not permissible. The appointment on contract basis creates frustration amongst the existing employees for the simple reason that their venue of promotion or progression may be blocked. The petitioner 3 [C.P.NO.D-6737/2015] argued that in the writ of quo warranto, the bar contained under Article 199 (5) of Constitution does not apply. The petitioner also referred to Suo Moto case No.24 of 2010 decided by the hon’ble Supreme Court and along with statement, he produced at least three orders issued by the Registrar of this court on 01.02.2011, whereby, the contracts of three employees were terminated in pursuance of the order passed by the hon’ble Supreme Court in Suo Moto case No. 24 of 2010. He robustly argued that on one hand, the engagement of contractual employees were terminated in the year 2011 on the basis of dictum laid down by hon’ble Supreme Court but again in 2015, the Chairman Inspection Team has been appointed on contract basis which is sheer violation of the Apex Court’s judgment. In order to meet the office objection, learned counsel referred to 2010 S.C.M.R 632 and an unreported order passed by the hon’ble Supreme court on 06.01.2016 in Civil Appeal No.169-K to 177-K of 2011. 3. Mr. Salahuddin Ahmed, learned Amicus Curiae argued that the post of Member Inspection Team is a public office. The note of the then Registrar dated 27.07.2015 attached with the counter affidavit of the respondent No.2 clearly indicates that in order to improve the working of district judiciary, a proposal was given to the hon’ble Chief Justice of this court to upgrade the post of Member Inspect Team to B.P.S-22 with change of its nomenclature as Chairman Inspect Team with direct reporting line to the Chief Justice and Senior Pusine Judge. In the same note further proposal was given that offer of appointment may be given to respondent No.2 to assume the charge of this post in order to improve the working of district judiciary. It is further stated in the same note that the functions and assignments be undertaken by Inspection Team will be 4 [C.P.NO.D-6737/2015] decided after discussion with respondent No.2 once he assumes the charge of the post. He further argued that the proposal floated for the up-gradation and changing the nomenclature clearly indicates that it is not merely a change of nomenclature or up-gradation but it amounts to creation of new post on account of reorganization and restructuring the Inspection Team Department of this court. He referred to Rule 4 of Sindh High Court Establishment (Appointment and Condition of Service) Rules, 2006 and argued that though in this Rule, the Chief Justice may create or abolish, upgrade and downgrade the post temporary or permanent but the post in pay scale 16 or above may be created or abolished with the concurrence of the Administration Committee. He also referred to methods of appointment provided under Rule 5 which includes direct recruitment, by promotion, by posting the judicial officer and in case of no suitable person available for appointment in clause (a) to (c), then a person may be appointed on contract for a period not exceeding three years on such terms and conditions as may be laid down in contract of appointment. He argued that before appointing any person on contract, it was to be judged first whether any other suitable person is available for appointment to the post or not. The note placed before the Chief Justice by the then Registrar does not show any exigency that offer was made to the respondent No.2 due to non-availability of any suitable person for the appointment. Another limb of the argument was that the creation of post of Chairman Inspect Team after its up- gradation in B.P.S-22 could not be done without concurrence of the Administration Committee. Keeping in view the available record including the comments of respondent No.2 & 3 nothing has been brought forwarded for the consumption of this court to see whether any concurrence was obtained from the Administration 5 [C.P.NO.D-6737/2015] Committee or not on the appointment in issue. He also shown us office order dated 12.02.2007 issued under Rule 4 of the Sindh High Court Establishment (Appointment and Condition of Service) Rules, 2006, whereby, with the concurrence of the member of Administration Committee of this court, the Chief Justice was pleased to create post of M.I.T-II in B.S-20 earlier. He also referred to Rule 3 of the Rules, 2006 and argued that the strength of persons/employees holding post in this court are specifically mentioned in part-I and part-II of the Schedule appended to the Rules. The post of Registrar is provided at Serial No.1 of the Rules while the second entry is for M.I.T. First of all no amendment was made in the Schedule of the Rules which is an integral part of the Rules and if it is assumed that the post of M.I.T-I has been upgraded in B.P.S-22 with the change of nomenclature of Chairman Inspection Team even then no direct appointment on contract basis could have been made but the post could be filled only by transfer of one of the senior District Judges serving under the High Court or by promotion the officer of the High Court serving in BPS-19 on regular basis provided he is a law graduate. It was further contended that time and again the Apex Court deprecated the appointments of the retired persons on contract basis, he referred to an order passed by the Apex Court in Suo Moto case No.24 of 2010 due to which at least the contract of three employees of this court were terminated. So far as the niceties of Article 199 (5) of the Constitution is concerned, learned amicus curiae also relied upon the case reported in 2000 S.C.M.R 632 and an unreported order passed by the Apex Court in Civil Appeal No.169-K to 177-K of 2011. He further argued that the terms of engagement unequivocally show that the respondent No.2 is holding a public office. Under Article 203 of the Constitution, 1973, this court has to supervise and control 6 [C.P.NO.D-6737/2015] all courts subordinate to it and to ensure that the subordinate courts are functioning honestly, efficiently and in the public interest.
Load more

Recommended publications
  • Reforming the Judiciary in Pakistan
    REFORMING THE JUDICIARY IN PAKISTAN Asia Report N°160 – 16 October 2008 TABLE OF CONTENTS EXECUTIVE SUMMARY AND RECOMMENDATIONS................................................. i I. INTRODUCTION ............................................................................................................. 1 II. BACKGROUND................................................................................................................ 3 A. ISLAMISING THE POLITY ..............................................................................................................3 B. VALIDATING MILITARY INTERVENTIONS .....................................................................................3 C. DEMOCRATIC TRANSITION AND JUDICIAL REFORM......................................................................5 III. ISLAMISING THE LEGAL SYSTEM: INSTITUTIONALISED DISCRIMINATION.......................................................................................................... 6 A. THE BLASPHEMY LAW.................................................................................................................6 B. TARGETING AHMADIS..................................................................................................................8 C. WOMEN AND THE HUDOOD ORDINANCES ..................................................................................10 D. THE FEDERAL SHARIAT COURT .................................................................................................11 IV. RESTORING THE RULE OF LAW ...........................................................................
    [Show full text]
  • P L D 2007 Supreme Court 202 [Shariat Appellate Jurisdiction
    P L D 2007 Supreme Court 202 [Shariat Appellate Jurisdiction] Present: Abdul Hameed Dogar, Muhammad Nawaz Abbasi, Mian Shakirullah Jan, Dr. Allama Khalid Mahmood and Dr. Rashid Ahmed Jullundhari, JJ NAZEER alias WAZEER---Appellant Versus THE STATE---Respondent Criminal Appeal No.53(S) of 2001, decided on 18th October, 2006. (On appeal from the judgment of Federal Shariat Court, dated 8-2-2001 passed in Criminal Appeal No.128/I of 2000 with M.R.41/I of 2000). (a) Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)--- ----S.10(3)---Penal Code (XLV of 1860), Ss.302(b) & 201---Juvenile Justice System Ordinance (XXII of 2000), S.12---Oaths Act (X of 1873), S.5---Constitution of Pakistan (1973), Art. 203- F(2-B)---Leave to appeal was granted by Supreme Court to consider; whether Juvenile Justice System Ordinance, 2000 was applicable to the case; whether judicial confession made on oath could be used against the accused for sustaining death sentence; and whether such confession made on oath was admissible in evidence and could have been acted upon. (b) Criminal Procedure Code (V of 1898)--- --Ss. 164 & 364---Oaths Act (X of 1873), S.5---Judicial confession---Administering of oath to accused---Scope---Contention that confessional statement recorded on oath, if causes no prejudice or injustice to accused is admissible in evidence---Validity---Provisions of Ss.164 and 364, Cr.P.C. invariably apply to all sorts of statements---Confessional statement recorded under S.164, Cr.P.C. on oath is violative of S.5 of Oaths Act, 1873, which prohibits
    [Show full text]
  • Program Coordinators LUMS Music Fest'21 Dear Sir/Madam, the Music
    To Managers/ Program Coordinators LUMS Music Fest’21 Dear Sir/Madam, The Music Society of Lahore University of Management Sciences (LUMS) is proud to invite your institution’s musicians and non-musicians to the “LUMS Music Fest 2020 (LMF’20),” which will take place from 5th February to 7th February 2021. The Music Society of LUMS Since its inception, in 1999, the Music Society of LUMS has actively been serving as a platform for talented artists across the country to showcase their abilities. Whether it’s the students of LUMS themselves, or those from other educational institutions, we have strived to give everyone an opportunity to not only perform on stage, but also to hone their skills in doing so. We believe that the Pakistani music industry is in a critical stage of its revival, with an ever-growing audience, and a pool of talent that is expanding just as rapidly. In such promising and almost revolutionary times, the Music Society of LUMS is eager to play its part in furthering the endeavors of those before it. What is LUMS Music Fest? Music Fest is the flagship event of the Music Society of LUMS, spanning a total of three days. It is primarily a series of music-based competitions, between students from all over Pakistan, punctuated by social events to take the edge off things and of course to promote music from every genre. Over 1200 people attend Music Fest every year, whether it is the participants from a plethora of educational institutions, or the student body and faculty of LUMS itself, making it, by far the largest college-based Music Festival across the board, in Pakistan.
    [Show full text]
  • 2004 SCMR 1824.Pdf
    TaxHelpline Case No. 153 of 2004 Supreme Court of Pakistan Cr. Petitions Nos.21 and 22/K of 2003, heard on 13th April, 2004 Present: Nazim Hussain Siddiqui, C.J., Javed Iqbal and Abdul Hameed Dogar, JJ Akhlaq Ahmed Siddiqui, Advocate-on-Record for the Petitioner. M. Ilyas Khan, Advocate Supreme Court and Ms. Wajahat Niaz, Advocate-on-Record for Respondents THE STATE through Prosecutor-General, National Accountability Bureau---Petitioner Vs Agha WAZIR ABBAS and another---Respondents ORDER NAZIM HUSSAIN SIDDIQUI, C J.-----The Stale through Prosecutor-General, National Accountability Bureau (NAB), petitioner (in both petitions) has impugned the judgment, dated 8- 2-2003 of a learned Division Bench, High Court of Sindh, Karachi, whereby Criminal Accountability Appeals Nos.31 and 32 of 2002 were allowed and the respondents in both petitions were acquitted of the Reference filed against them, under section 10 of the National Accountability Bureau Ordinance, 1999 and the sentences of seven years' R.I. and fine of Rs.25,00,000 each or in default thereof three years' S.I. and disqualification for a period of ten years from holding any representative office/office in the service of Pakistan, were set aside and they were ordered to be released forthwith, if not required in any other case. 2. The prosecution case against respondent Agha Wazir Abbas, an Assistant Excise and Taxation Officer in the Excise Department, Government of Sindh, Karachi and respondent Abdul Hameed, Manager of Messrs Standard Wine Company (Pvt.) Ltd. was that they along with the absconding accused, namely, Riaz Hassan Khoso, Abdul Razzak Abbasi, Asif Ikhlaq Ahmed and Saleh Muhammad Rahu were guilty of forging import and transport permits, evasion of vend fee and fee of cess charged on transport permits for the disposal of liquor, thereby caused loss of Rs.38,287,290 to the public exchequer.
    [Show full text]
  • LIST of MEDIA RIGHTS VIOLATIONS by JOURNALIST SAFETY INDICATES (JSIS), MAY 2018 to APRIL 2019 the Media Violations Are Categorised by the Journalist Safety Indicators
    74 IFJ PRESS FREEDOM REPORT 2018–2019 LIST OF MEDIA RIGHTS VIOLATIONS BY JOURNALIST SAFETY INDICATES (JSIS), MAY 2018 TO APRIL 2019 The media violations are categorised by the Journalist Safety Indicators. Other notable incidents are media violations recorded by the IFJ in its violation mapping. *Other notable incidents are media violations recorded by the IFJ. These are violations that fall outside the JSIs and are included in IFJ mapping on the South Asia Media Solidarity Network (SAMSN) Hub - samsn.ifj.org Afghanistan, was killed in an attack on the Sayeed Ali ina Zafari, political programs operator police chief of Kandahar, General Abdul Raziq. on Wolesi Jerga TV; and a Wolesi Jerga TV driver AFGHANISTAN The Taliban-claimed attack took place in the were entering the MOFA road for an interview in governor’s compound during a high-level official Zanbaq square when they were confronted by a JOURNALIST KILLINGS: 12 (Journalists: 5, meeting. Angar, along with others, was killed in policeman. Media staff: 7. Male: 12, Female: 0) the cross-fire. THREATS AGAINST THE LIVES OF June 5, 2018: Takhar JOURNALISTS: 8 December 4, 2018: Nangarhar Milli TV Takhar province reporter Merajuddin OTHER THREATS TO JOURNALISTS: Engineer Zalmay, director and owner or Enikass Sharifi was beaten up by the head of the None recorded radio and TV stations was kidnapped at 5pm community after a verbal disagreement. NON-FATAL ATTACKS ON JOURNALISTS: during a shopping trip. He was taken by armed 61 (Journalists: 52; Media staff: 9) men who arrived in an armoured vehicle. His June 11, 2018, Ghor THREATS AGAINST MEDIA INSTITUTIONS: 3 driver was shot and taken to hospital where he Saam Weekly Director, Nadeem Ghori, had his ATTACKS ON MEDIA INSTITUTIONS: 3 later died.
    [Show full text]
  • The Feudal Tentacles: Is Feudalism Dead
    Pakistan Perspectives Vol. 21, No.2, July-December 2016 Study of the Emergency Rule in Pakistan, 2007 Khan Faqir & Fakhrul Islam Abstract Some of the steps of public interest litigation that the judiciary took in 2007 were considered as a threat to the military government of Pervez Musharraf. He dismissed the Chief Justice of Pakistan, Iftikhar Muhammad Chaudhry, on the charges of corruption. This presidential move was not against the chief justice of Pakistan but against the judiciary. The executive intent to tarnish and erode judiciary’s image, integrity and authority was countered by a countrywide movement for the restoration of judiciary. A consolidated struggle of the bar and the bench lead to judicial revivalism in Pakistan. ______ Historical background Authoritarianism as a colonial legacy was incorporated in the political system of both Pakistan and India. From the very beginning India quite successfully tried to democratise itself. There ‘the rule of law was ever bent to subserve either executive action in the administration or the will of dominant elements of society’. On the other hand, Pakistan failed to make a worthwhile change to democratic rule after emerging from the debris of British colonialism. The colonial state was quickly replaced by authoritarian rulers, whether civilian or military. History of Pakistan has been defined by uneasy relationships between state institutions and civil society. In its executive-dominated state, the superior courts in particular have played unusually important part in determining the country’s political fate.1 The conflict between Pakistan’s executive orders and judicial authorities dates back to the era of Liaquat Ali Khan when the country was in its teething years.
    [Show full text]
  • The "Chaudhry Court": Deconstructing the "Judicialization of Politics" in Pakistan
    Washington International Law Journal Volume 25 Number 3 Asian Courts and the Constitutional Politics of the Twenty-First Century 6-1-2016 The "Chaudhry Court": Deconstructing the "Judicialization of Politics" in Pakistan Moeen H. Cheema Follow this and additional works at: https://digitalcommons.law.uw.edu/wilj Part of the Comparative and Foreign Law Commons, Constitutional Law Commons, and the Judges Commons Recommended Citation Moeen H. Cheema, The "Chaudhry Court": Deconstructing the "Judicialization of Politics" in Pakistan, 25 Wash. L. Rev. 447 (2016). Available at: https://digitalcommons.law.uw.edu/wilj/vol25/iss3/4 This Article is brought to you for free and open access by the Law Reviews and Journals at UW Law Digital Commons. It has been accepted for inclusion in Washington International Law Journal by an authorized editor of UW Law Digital Commons. For more information, please contact [email protected]. Compilation © 2016 Washington International Law Journal Association THE “CHAUDHRY COURT”: DECONSTRUCTING THE “JUDICIALIZATION OF POLITICS” IN PAKISTAN Moeen H. Cheema† Abstract: The Supreme Court of Pakistan underwent a remarkable transformation in its institutional role and constitutional position during the tenure of the former Chief Justice of Pakistan, Iftikhar Muhammad Chaudhry (2005–2013). This era in Pakistan’s judicial history was also marked by great controversy as the court faced charges that it had engaged in “judicial activism,” acted politically, and violated the constitutionally mandated separation of powers between institutions of the state. This article presents an in-depth analysis of the judicial review actions of the Chaudhry Court and argues that the charge of judicial activism is theoretically unsound and analytically obfuscating.
    [Show full text]
  • Volunteering, Governance and Leadership
    Journal of Public Administration and Governance ISSN 2161-7104 2012, Vol. 2, No. 3 Federalism in Pakistan during Musharraf Regime Ghulam Ali Lecturer Government Degree College Chowk Azam (Layyah) M Phil Scholar, Department of Political Science, The Islamia University of Bahawalpur Prof. Dr. Razia Musarrat (Corresponding author) Chairperson, Department of Political Science, The Islamia University of Bahawalpur Email: [email protected] Muhammad Salman Azhar Department of Management Sciences The Islamia University of Bahawalpur Received:July 07, 2012 Accepted:September 25, 2012 DOI:10.5296/jpag.v2i3.3209 Abstract After eleven years of democratic rule Pakistan once again went under military regime when Pervaiz Musharraf imposed emergency in the state by ousting the then elected Prime Minister Mian Nawaz Sharif from his office and started ruling the country with the help of Military junta. This time military stepped in as an institution due to the wrong deeds of politicians. Pervaiz Musharraf declared himself Chief Executive of the state and tried to fulfill his own agenda. He amended the anti terrorism act to punish Nawaz Sharif. Basic pillar of federalism the judiciary remained under fire throughout his regime and Chief Justice of Pakistan was deposed from the office. Political activities and parties were banned. Powers were centralized in the name of devolution of powers. Constitution was abandoned and LFO was introduced to provide victory to the King’s party in an engineered elections. Musharraf jumped into war against terrorism and the whole country was facing bomb blasts and attacks of militants on official institutions of the state. Keywords: Federalism, constitution, election, terrorism, military 171 www.macrothink.org/jpag Journal of Public Administration and Governance ISSN 2161-7104 2012, Vol.
    [Show full text]
  • Roshan Ara Begum
    Roshan Ara Begum Performing Classical Music, Gender, and Muslim Nationalism in Pakistan Fawzia Afzal-Khan The performance — or lack thereof — of (North Indian) classical music in Pakistan, and espe- cially the obstacles women performers have faced, cannot only be blamed on Islam’s putative hostility to the musical and performing arts in general and to women performing in public in particular. Rather, the discourse of a religiously inflected nationalism collides with gendered, classed bodies within the performative space of a political imaginary such that the role played by music both constitutes and deconstructs this history. Women singers’ roles are crucial in Fawzia Afzal-Khan is University Distinguished Scholar/Professor of English at Montclair State University and Visiting Professor at NYU Abu Dhabi. She is the author of Cultural Imperialism: Genre and Ideology in the Indo-English Novel (Penn State Press, 1993), A Critical Stage: The Role of Secular Alternative Theatre in Pakistan(Seagull Press, 2005), and Lahore with Love: Growing Up with Girlfriends Pakistani Style (Syracuse University Press, 2010); and editor of The PreOccupation of Postcolonial Studies (Duke University Press, 2000) and Shattering the Stereotypes: Muslim Women Speak Out (Interlink Books, 2005). Siren Song: Pakistani Women Singers is her award-winning NEH- funded short film and forthcoming book from Oxford University Press. She is an Indian classical singer, a playwright, and a poet. [email protected] TDR: The Drama Review 62:4 (T240) Winter 2018. ©2018 8 Fawzia Afzal-Khan Downloaded from http://www.mitpressjournals.org/doi/pdf/10.1162/dram_a_00790 by guest on 02 October 2021 both shaping and resisting this politically performative historical space of the Pakistani nation, yet are hardly well understood or appreciated.
    [Show full text]
  • IBA Music Olympiad 10Th April to 12Th April, 2015
    IBA Music Olympiad 10th April to 12th April, 2015 Organized By: IBA Music Society IBA Music Society IBA Music Olympiad Closing report IBA Music Society organized first ever IBA Music Olympiad on 10th – 12th April at IBA Karachi, where more than 400 students from all over Karachi participated in this event as a participants and audiences. There were 7 competitions and the total prize money altogether was up to 150,000 PKR. Our esteemed judges and guests were Ali Noor(From the band Noori), Omran shafique, Ali haider, Hasan rizvi, Zoe viccaji, Natasha baig and also there were many other judges for every individual competitions. The concert by Josh band and Overload was one of our social events, which was fully sponsored by Samsung Galaxy A tour. IMO's Sponsors and Media and FM Radio Partners 1. National Foods at 150,000 PKR (Bronze Sponsor) 2. Dell, 50,000 PKR (Sponsored our Event Voice Of Pakistan) 3. Samsung (Social Event Sponsor) 4. TV One, News One, Hum TV, Samaa TV and Geo TV as Media Partners. 5. Samaa FM and FM 91 as FM Partners 6. Tapal Tea as Tea Sponsor via free sampling on all 3 days. IMO's Academic Partners (Collaboration with Music Societies at other Universities/Colleges) 1. FPS Music Society 2. Aga Khan Dance Arts Music Society 3. Textile Institute of Pakistan Music Society 4. BNU Music Society 5. Industree- IVS Music Society 6. NAQSH Arts Society GIKI 7. Chapter Records at PAF Chapter, City School 8. BSS Music Society 9. Media Affairs and Communications Society, NUST 10.
    [Show full text]
  • P L D 2004 Supreme Court 394 Present: Nazim Hussain Siddiqui
    P L D 2004 Supreme Court 394 Present: Nazim Hussain Siddiqui, C.J., Syed Deedar Hussain Shah and Abdul Hameed Dogar, JJ KARL JOHN JOSEPH---Petitioner Versus THE STATE---Respondent Criminal Petition for Leave to Appeal No. 108-K of 2003, decided on 6th February, 2004. (On appeal from the judgment/order of the High Court of Sindh at Karachi, dated 18-12-2003, passed in Criminal Appeal No.198 of 2003). (a) Control of Narcotic Substances Act (XXV of 1997)----- ----S. 9(c)---Constitution of Pakistan (1973), Art.185(3)---Petition for leave to appeal---Explanation furnished by the prosecution being convincing and natural, non-joining of private persons as Mashirs of recovery was of no consequence---Case of accused was distinguishable from that of acquitted co-accused as according to prosecution version the boat from which "Charas" was recovered belonged to the accused and not to the said co-accused---High Court had considered the case in its proper perspective without any misreading or non-reading of the material and the impugned judgment was- based on proper appreciation of facts and law---Requirement-of search warrant could be dispensed with if the same could not be possibly obtained from the Court before conducting the search ---A.N.F. Officials, in the circumstances of the case, could not obtain the search warrants from the Court and the complainant, therefore, was competent to search the boat without search warrant---Leave to appeal was refused to accused in circumstances. Fida Jan v. The State 2001 SCMR 36 ref. (b) Control of Narcotic Substances Act (XXV of 1997)-- ----S 20---Issuance of search warrants---Provisions of S.20 of the Control of Narcotic Substances Act, 1997, being directory in nature, non-compliance thereof cannot be considered a strong ground for making the trial of accused bad in the eye of law.
    [Show full text]
  • IN the SUPREME COURT of PAKISTAN (Original Jurisdiction)
    IN THE SUPREME COURT OF PAKISTAN (Original Jurisdiction). PRESENT: Mr. Justice Iftikhar Muhammad Chaudhry, CJ. Mr. Justice Javed Iqbal Mr. Justice Sardar Muhammad Raza Khan Mr. Justice Khalil-ur-Rehman Ramday Mr. Justice Mian Shakirullah Jan Mr. Justice Tassaduq Hussain Jillani Mr. Justice Nasir-ul-Mulk Mr. Justice Raja Fayyaz Ahmed Mr. Justice Ch. Ijaz Ahmed Mr. Justice Ghulam Rabbani Mr. Justice Sarmad Jalal Osmany Mr. Justice Muhammad Sair Ali Mr. Justice Mahmood Akhtar Shahid Siddiqui Mr. Justice Jawwad S. Khawaja. CONSTITUTION PETITION NO. 09 OF 2009 Sindh High Court Bar Association through its Secretary. ….PETITIONER CONSTITUTION PETITION NO. 08 OF 2009 Nadeem Ahmed Advocate ….PETITIONER VERSUS Federation of Pakistan through Secretary, Ministry of Law and Justice, Islamabad and others. ….RESPONDENTS For the petitioner: Mr. Hamid Khan, Sr. ASC. (Const.P.09/2009) Mr. Rashid A. Razvi, ASC. Mr. M. S. Khattak, AOR Assisted by M/s Waqar Rana, Waheed Khalid Khan & Haq Nawaz Talpur, Advocates. For the petitioner: Mr. Muhammad Akram Sheikh, Sr. ASC. (Const.P.08/2009) Assisted by Barristers Ms Natalya Kamal & Syed Shehryar, Advocates 2 For respondent No.1 Sardar Muhammad Latif Khan Khosa Attorney General for Pakistan. Agha Tariq Mehmood Khan, DAG Mr. Shah Khawar, DAG. Ch. Akhtar Ali, AOR. For respondent No.2. Mr. Muhammad Yousaf Leghari, A.G.Sindh. Raja Abdul Ghafoor, AOR. For respondent Nos.3 & 4. Nemo. Respondent No.5. Not represented. Dates of hearing: 20th to 24th and 27th to 31st July, 2009. JUDGEMENT IFTIKHAR MUHAMMAD CHAUDHRY, CJ.- The above Constitutional Petitions bearing Nos. 9 of 2009 and 8 of 2009 involve common questions of facts and law and are disposed of by this single judgment.
    [Show full text]