“There is no ocular evidence to show that Muhammad Abbas was murdered by any in the present petitioners. Mere fact that Noor Muhammad and Muhammad Din observed firstly the deceased and after some distance they observed the petitioners going towards the same direction, did not necessarily mean that the petitioners were chasing the deceased or were accompanying him. This kind of evidence cannot be treated as evidence of past witnessed.
The mentioned case laws offer insights into how the courts interpret and use Section 302, emphasizing the importance of a fair and just legal system. It can be crucial for society to understand the gravity of this offense along with the need for stringent punishment to discourage opportunity offenders and make sure justice to the victims and their families.
4. Record shows that the petitioner has been booked in as much as 8 criminal cases under the same offence with different complainants and involving sizable amounts of money. These cases span over the years 2018 to 2020 and three cases have been registered after the registration of the instant case. Regardless that the petitioner has obtained bail in All those cases, it does, prima facie, set up that the petitioner is prone to repeating the offence.
Whilst there is no prohibition against referring to case law from a state other than the state in which the case is being read, it holds small sway. Still, if there is not any precedent from the home state, relevant case regulation from another state could possibly be regarded because of the court.
The Pakistan Penal Code (PPC) is a comprehensive piece of legislation that defines different criminal offenses and prescribes corresponding punishments for anyone found guilty.
This Court may well interfere where the authority held the proceedings against the delinquent officer inside a way inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the summary or finding achieved because of the disciplinary authority is based on no evidence. Should the summary or finding is including no reasonable person would have ever arrived at, the Court may perhaps interfere with the summary or maybe the finding and mildew the relief to make it suitable to the facts of every case. In service jurisprudence, the disciplinary authority may be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-enjoy the evidence or perhaps the nature of punishment. Over the aforesaid proposition, we have been fortified with the decision in the Supreme Court within the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
(Interview by email, with Ahmad Rafay Alam, a leading environmental lawyer and activist in Pakistan, August 28th, 2015). Furthermore, the ruling placed a notice and comment restriction on government businesses in regards to projects that could possibly pose a public risk. This case is usually noteworthy, “because it laid down the foundations of all upcoming public interest litigation introduced before courts for environmental protection.” To cite only one example, following this case, the Supreme Court, citing the Zia decision, found inside the Salt Miners Case (decided on 12th July, 1994) that the right to have water free from pollution and contamination is usually a right to life itself.
six. Mere involvement inside of a heinous offence isn't any ground for refusing bail to an accused who otherwise becomes entitled for your concession of bail. The petitioner namely Bhoora was arrested in this case on 08.05.2018, considering that then He's at the rear of the bars, He's previous non-convict, never involved in any case, investigation qua him is complete, his person isn't any more required for further investigation, therefore, his continual incarceration would not serve any valuable purpose at this stage.
The law as founded in previous court rulings; like common regulation, which springs from judicial decisions and tradition.
If granted absolute immunity, the parties would not only be protected from liability in the matter, but could not be answerable in any way for their actions. When the court delayed making such a ruling, the defendants took their request for the appellate court.
one. Judicial Independence: The court emphasised the importance of judicial independence plus the separation of powers.
90 . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi Additionally it is important to note that neither seniority nor promotion would here be the vested right of the civil servant, therefore, neither any seniority nor any promotion may be claimed or granted without the actual size of service on account of vested rights. The purpose of prescribing a particular duration of service for turning into entitled for being thought of for promotion to a higher grade, of course, is not without logic because the officer who is initially inducted to a particular post needs to provide over the reported post to gain experience to hold the next higher post and also to serve the public in a befitting fashion.
Pakistan’s legal system isn't without flaws: overhauling is overdue along with the legislation regarding murder demands severe reconsideration and clarification. For that time being, the minimum that can be achieved is to be certain that the First Investigation Report (FIR) is registered with honesty and after properly ascertaining the facts.