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Latest Judgments (All Jurisdictions within Pakistan)

EXCELLENT SECURITY LIMITED through Director vs FEDERATION OF PAKISTAN through Secretary Ministry of Finance Finance Division Islamabad and 8 others

Citation: 2022 CLC 2133

Case No: C.P. No.D-2371/2021

Judgment Date: 06/02/2022

Jurisdiction: Sindh High Court

Judge: Ahmad Ali M. Shaikh, CJ and Yousuf Ali Sayeed, J

Summary: Summary pending

ABWA KNOWLEDGE VILLAGE (PVT) LTD through Director and anothers vs FEDERATION OF PAKISTAN (through Secretary National Health Services and another

Citation: 2021 MLD 1455

Case No: Intra-Court Appeal No.5251/2021

Judgment Date: 06/02/2022

Jurisdiction: Lahore High Court

Judge: Shahid Jamil Khan and Asim Hafeez, JJ

Summary: Summary pending

MST. SAKEENA BIBI Vs SECRETARY LAW, GOVERNMENT OF PAKISTAN, ISLAMABAD & OTHERS

Citation: Pending

Case No: SHARIAT PETITION NO 01/1/2017

Judgment Date: 6/2/2022

Jurisdiction: Federal Shariat Court

Judge: Justice Dr. Syed Muhammad Anwer

Summary: Background: The petitioners challenged the custom of Swara/Vani in Kurram Agency (erstwhile FATA), which involves giving a female in marriage as a form of compensation to settle disputes. The petition argued that this custom is repugnant to the injunctions of Islam, unconstitutional, and violates principles of natural justice. Additionally, the petitioners challenged a decision by the Additional District Magistrate of Upper Kurram, Parachinar, which upheld a jirga's decision mandating the marriage of a female under this custom. ----Issues: 1- Whether the custom of Swara/Vani is repugnant to the injunctions of Islam and therefore should be declared null and void. 2- Whether the decision of the Additional District Magistrate, which validated the jirga's recommendation under Rewaj-e-Kurram, is against Islamic principles and should be set aside. ----Holding/Reasoning/Outcome: --Repugnancy to Islam: The court held that the custom of Swara/Vani, where females are given in marriage as a form of compensation to settle disputes, is un-Islamic. The court referenced Quranic verses and Ahadith to emphasize that no person should bear the burden of another's wrongdoing, and the practice of Swara/Vani violates this principle. The court highlighted that this custom, prevalent in various parts of Pakistan under different names, is not only un-Islamic but also unconstitutional and illegal. --Legal Status Post-25th Amendment: With the 25th Constitutional Amendment, FATA was merged into Khyber Pakhtunkhwa, extending national and provincial laws to the area. This change in legal status led to the abrogation of the Frontier Crimes Regulations (FCR) and the application of the Pakistan Penal Code (PPC), including Section 310-A PPC, which explicitly criminalizes the practice of giving females in marriage as compensation. The court declared the practice of Swara/Vani as un-Islamic, unconstitutional, and illegal. The decision of the Additional District Magistrate, which validated the jirga's recommendation under Rewaj-e-Kurram, was set aside. The petition was disposed of accordingly, affirming the illegality of such customs under the new legal framework established by the 25th Constitutional Amendment. ----Citations/Precedents: Surah Al-Fatir, Ayah-18: "No bearer will bear the burden of any other person." Surah Al-Anaam, Ayah-164: "And every soul earns not [blame] except against itself, and no bearer of burdens will bear the burden of another." Hadith (Sunnan Abu Daud): The Prophet (PBUH) emphasized that no person is accountable for the crime of another. Section 310-A, Pakistan Penal Code: Criminalizes the practice of giving females in marriage as a form of compensation (Swara/Vani). Constitution Petition No. 24 of 2012 and Civil Petition No. 773-P of 2018: Supreme Court ruling that no individual or group, under any name, can assume the jurisdiction of a civil or criminal court without lawful authority.

UMED ALI alias UMEDO NAREJO vs The STATE

Citation: 2024 MLD 546

Case No: Special Anti-Terrorism Jail Appeal No.D-53/2021

Judgment Date: 05/02/2022

Jurisdiction: Sindh High Court

Judge: Naimatullah Phulpoto and Abdul Mobeen Lakho, JJ

Summary: Summary pending

KHALID IMRAN vs STATION HOUSE OFFICER POLICE STATION SUNDAR LAHORE and 2 others

Citation: PLD 2021 Lahore 527

Case No: Writ Petition No. 31566-Q/2021

Judgment Date: 05/02/2022

Jurisdiction: Unknown

Judge: Muhammad Shan Gul, J

Summary: Summary pending

MUTEEN UR REHMAN and otherss vs The STATE and others

Citation: 2023 PCrLJ 468

Case No: Criminal Miscellaneous No. 67507-B/2021

Judgment Date: 05/02/2022

Jurisdiction: Lahore High Court

Judge: Muhammad Tariq Nadeem, J

Summary: Summary pending

Sajjad Hussain VS State etc

Citation: Pending

Case No: Writ Petition 375 2022

Judgment Date: 04/02/2022

Jurisdiction: Islamabad High Court

Judge: Justice Arbab Muhammad Tahir

Summary: Protective / Pre -Arrest Bail against call up notice by FIA. Further seeks record

Envision Engineering & Furnishing Company Ltd VS Additional Dist Collector Revenue etc

Citation: Pending

Case No: Writ Petition 391 2022

Judgment Date: 04/02/2022

Jurisdiction: Islamabad High Court

Judge: Justice Arbab Muhammad Tahir

Summary: Land Owner in a Mauza Sihala of different Khsras. His application for demarcation is not being acted upon by Dist collector. Seeks direction for demarcation.

Hameed Ullah VS NADRA etc

Citation: Pending

Case No: Writ Petition 384 2022

Judgment Date: 04/02/2022

Jurisdiction: Islamabad High Court

Judge: Justice Arbab Muhammad Tahir

Summary: A Contractual data operator of NADRA who has been terminated post an inquiry, seeks his reinstatement.

Fatima Nadeem Vs Province of Punjab etc

Citation: 2022 LHC 2366, PLJ 2022 Lahore 275,,2022 MLD 1922

Case No: Educational Institution6700/22

Judgment Date: 04/02/2022

Jurisdiction: Lahore High Court

Judge: Mr. Justice Shahid Jamil Khan

Summary: The candidates, who have improved their marks in special examination, cannot be discriminated, in violation of fundamental rights under Article 25 read with Article 37(c) of the Constitution of the Islamic Republic of Pakistan, 1973, merely for the reason that they did not, select the check box, show their intentions to improve marks, while submitting online application for admission in MBBS/BDS.

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