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The police has the power to arrest a person even without obtaining a warrant of arrest from a court. The lots 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 to get a crime, his constitutional and fundamental rights must not be violated. Read more
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 1479/2024 (S.B.) Mst. Shir Bano and another V/S Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252214 Tag:Primarily, this is usually a free and democratic region, and once a person becomes a major they can marry whosoever he/she likes; if the parents from the boy or Lady will not approve of this sort of inter-caste or interreligious marriage the utmost they are able to do if they are able to Slice off social relations with the son or even the daughter, However they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes these inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or girl who is major undergoes inter-caste or inter-religious marriage with a woman or male who is a major, the couple is neither harassed by any individual nor subjected to threats or acts of violence and anybody who presents this kind of threats or harasses or commits acts of violence both himself or at his instigation, is taken to job by instituting criminal proceedings through the police against these persons and further stern action is taken against these person(s) as provided by law.
The plenty of this power casts an obligation within 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. However it is actually made clear that police is free to get action against any person that is indulged in criminal activities subject matter to regulation. 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 they shall be assigned non-field duties in the interim period. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 113 Order Date: 08-APR-25 Approved for Reporting WhatsApp
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 apply, because the criminal Court has not convicted the petitioner, fairly he has long been acquitted in the criminal charges based on evidence and it is actually well-settled law that once the civil servant is acquitted within the criminal case, then on this really charge he cannot be awarded in any punishment with the department and held him disqualified to the post because acquittal for all long term purposes. The aforesaid proposition is established at naught with the Supreme Court of Pakistan from the case of the District Police Officer Mainwali and 2 others v.
In order to preserve a uniform enforcement with the laws, the legal system adheres on the doctrine of stare decisis
Apart from the rules of procedure for precedent, the weight specified to any reported judgment may possibly depend on the reputation of both the reporter as well as the judges.[seven]
Amir Abdul Majid, 2021 SCMR 420. twelve. There is no denial from the fact that in Government service it is predicted that the persons obtaining their character over board, free from any moral stigma, are to be inducted. Verification of character and antecedents is actually a condition precedent for appointment into 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 to some Government service would 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 try and do away with the candidature from the petitioner. Read more
Only the written opinions in the Supreme Court as well as Court of Appeals are routinely accessible. Decisions of the lower (trial) courts are not generally published or dispersed.
This Court may interfere website where the authority held the proceedings against the delinquent officer in a very method 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 including no reasonable person would have ever attained, the Court might interfere with the conclusion or even the finding and mould the relief to really make it suitable into the facts of every case. In service jurisprudence, the disciplinary authority is definitely the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-appreciate the evidence or maybe the nature of punishment. Within the aforesaid proposition, we've been fortified via 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(Creator) Source: Order: Downloads 337 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
Matter:-DIRECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 255/2025 (S.B.) Zubaida W/O Muhammad Irfan V/S Inspector General of Police (IGP) Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252210 Tag:The regulation enjoins the police to get scrupulously fair to the offender as well as the Magistracy is to guarantee 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 regulation and order situation have been the topic of adverse comments from this Court and from other courts Nevertheless 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 lots of this power casts an obligation within 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.
Statutory laws are People created by legislative bodies, like Congress at both the federal and state levels. Though this form of law strives to condition our society, offering rules and guidelines, it would be difficult for just about any legislative body to anticipate all situations and legal issues.
In determining whether employees of DCFS are entitled to absolute immunity, which is generally held by certain government officials performing within the scope of their employment, the appellate court referred to case legislation previously rendered on similar cases.
Criminal cases Inside the common law tradition, courts decide the regulation applicable to your case by interpreting statutes and making use of precedents which record how and why prior cases have been decided. In contrast to most civil legislation systems, common legislation systems follow the doctrine of stare decisis, by which most courts are bound by their have previous decisions in similar cases. According to stare decisis, all decrease courts should make decisions dependable with the previous decisions of higher courts.