seventy seven . Const. P. 3670/2023 (D.B.) Rehan Pervez V/S Fed. of Pakistan and Others Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the instant Petition under Article 199 of your Constitution based on the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued to your petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement within the FIR lodged by FIA and while in the intervening period the respondent dismissed him from service where after he preferred petition No.
Its enforcement with the provision of capital punishment or life imprisonment underscores the value of human life plus the importance of maintaining regulation and order in society.
Therefore, this petition is found to be not maintainable and it is dismissed along with the pending application(s), as well as the petitioners may perhaps seek remedies through the civil court process as discussed supra. Read more
Statutory laws are All those created by legislative bodies, like Congress at both the federal and state levels. When this sort of regulation strives to shape our society, supplying rules and guidelines, it would be impossible for any legislative body to anticipate all situations and legal issues.
R.O, Office, Gujranwala along with the police officials didn't inform him that the identification parade of the accused has not been conducted still. In the moment case, now the accused tried to just take advantage of the program aired by SAMAA News, wherein the image of your petitioner was greatly circulated. The police should not have exposed the identity from the accused through electronic media. The legislation lends assurance towards the accused that the identity should not be subjected to the witnesses, particularly for your witness to determine the accused before the Magistrate. The C.P.O, Gujranwala present in court, stated that the Investigating Officer put a mask over the accused to conceal their identity and developed photographs. Apart from, the images shown around the media expose that a mask was not placed over the accused to hide his identity right until he was place up for an identification parade. Making pictures from the accused publically, both by showing the same into the witness or by publicizing the same in almost any newspaper or system, would create doubt in the proceedings on the identification parade. The Investigating Officer has to be certain that there is not any probability to the witness to begin to see the accused before going to the identification parade. The accused should not be shown to your witness in person or through any other mode, i.e., photograph, video-graph, or even the press or electronic media. Specified the reasons elaborated earlier mentioned, the case against the petitioner needs further probe and inquiry within the meanings of Section 497(two), Cr.P.C.
It allows individuals to research legal issues, understand their rights, and prepare for legal proceedings. This access is particularly important in Pakistan, where legal support is usually highly-priced and challenging to acquire.
If a sufferer is shot at point-blank vary, it may still be fair to infer that the accused intended death. However, that just isn't always the case.
The Court viewed as the case for being maintainable check here under Article 184 (3) Because the danger and encroachment alleged were such as to violate the constitutional right to life when interpreted expansively.
This ruling has conditions, and Considering that the petitioners failed a qualifying exam, they cannot claim equity or this Court's jurisdiction based around the Niazi case analogy. nine. In view of the above mentioned facts and circumstances from the case, petitioners have not demonstrated a case for this court's intervention under Article 199 with the Constitution. Read more
Therefore, this petition is found to become not maintainable and is particularly dismissed along with the pending application(s), and also the petitioners may well request remedies through the civil court process as discussed supra. Read more
Alternative Punishment: In some cases, the court may have the discretion to award life imprisonment as an alternative on the death penalty. Life imprisonment involves the offender spending the rest of their life powering bars without the possibility of parole or early release.
This article delves into the intricacies on the recent amendment, accompanied by relevant case regulation, to deliver a comprehensive understanding of its implications and useful applications.
Acquittal nullifies prior guilt and fortifies petitioners' eligibility for appointment. No juridical impediment to appointment following acquittal. Equivalence of acquittals under compromise and criminal procedure code, and the role of "badal-i-sulh" in restorative justice. Distinction between probationary release and acquittal. Probationary release for a legally regarded conviction. Read more
The residents argued that the high-voltage grid station would pose a health risk and potential hazard to local residents. In the long run, the court determined the scientific evidence inconclusive, although observing the general development supports that electromagnetic fields have destructive effects on human health. The Court accepted the petitioner’s argument that it should undertake the precautionary principle set out during the 1992 Rio Declaration about the Environment and Improvement, the first international instrument that linked environment protection with human rights, whereby The dearth of full scientific certainty should not be used being a reason to prevent environmental degradation.