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Latest Judgments (All Jurisdictions within Pakistan)

SUO MOTO ACTION REGARDING COMBATING THE PANDEMIC OF CORONA VIRUS (COVID -19)

Citation: 2020 SCMR 1189, 2020 SCP 127

Case No: S.M.C.1/2020

Judgment Date: 25/06/2020

Jurisdiction: Supreme Court of Pakistan

Judge: Justice Gulzar Ahmed

Summary: Background:The Supreme Court convened a Suo Moto Case regarding combating the COVID-19 pandemic in Pakistan.Various representatives from federal and provincial governments, regulatory authorities, and concerned organizations attended the hearing.Reports were submitted by the National Disaster Management Authority (NDMA), Plant Protection Department, Governments of Punjab, Sindh, KPK, and Gilgit Baltistan.---Issues:Lack of transparency in NDMA's procurement of machinery for N95 masks production.Approval sought by NDMA for import of unregistered drugs.Operational status of aircraft for locust control.Verification of pilots' licenses and degrees.Allocation of funds for luxury vehicles by the Sindh Government.Inadequate measures for dealing with COVID-19 and related issues.---Holding/Reasoning/Outcome:NDMA directed to provide details of purchases, payments, and taxes related to N95 masks production.NDMA asked to explain special favor given to a company for machinery import.NDMA's request for importing unregistered drugs subject to conditions from DRAP.DG Civil Aviation Authority ordered to appear and explain the issue of fake pilot licenses.CEOs of airlines to provide reports on pilot verification.Sindh Government restrained from allocating funds for luxury vehicles until further notice.Concerns raised about Sindh Government's budget allocation and lack of funds for essential services.Government departments directed to take strict action against hoarders of COVID-19 related supplies.DRAP and relevant authorities instructed to ensure availability and reasonable pricing of essential medical supplies.Adjourned to a date after three weeks.

UNIVERSAL ENTERPRISE through Proprietor vs CUSTOM APPELLATE TRIBUNAL and 2 others

Citation: 2022 PTD 94

Case No: S.C.R.A. No.203 and C.M.A. No.1506/2019

Judgment Date: 24/06/2020

Jurisdiction: Sindh High Court

Judge: Muhammad Shafi Siddiqui and Mahmood A. Khan, JJ

Summary: Summary pending

Mst RASHEED BIBI vs MUHAMMAD ARSHAD and others

Citation: 2020 MLD 1875

Case No: Writ Petition No.14751/2019

Judgment Date: 24/06/2020

Jurisdiction: Lahore High Court

Judge: Muzamil Akhtar Shabir, J

Summary: Summary pending

ALI ENTERPRISES through Proprietor Omair Ali Khan vs FEDERATION OF PAKISTAN through Secretary Ministry of Commerce Cabinet Secretariat Islamabad and another

Citation: 2020 PTD 1031

Case No: Writ Petition No.24269/2019 (other connected petitions)

Judgment Date: 24/06/2020

Jurisdiction: Lahore High Court

Judge: Muhammad Sajid Mehmood Sethi, J

Summary: Summary pending

Mst. Saira VS SSP Islamabad etc

Citation: 2020 YLR 2657

Case No: Writ Petition-1648-2020

Judgment Date: 24/06/2020

Jurisdiction: Islamabad High Court

Judge: Justice Fiaz Ahmad Anjum Jandran

Summary: Seeks direction upon SHO PS Tarnol for registering FIR on Complaint of petitioner

Cheif Administrator of Auqaf, Peshawar Vs Cantonment Board, Peshawar

Citation: 2021 MLD 346, PLJ 2021 Peshawar 79

Case No: W.P No. 1239-P /2311

Judgment Date: 24/06/2020

Jurisdiction: Peshawar High Court

Judge: Justice

Summary: S. 60 and 99 (2) (f) of the Cantonment Act, 1924, alongwith the provisions of KP Waqf properties Ordinance, 1979 and, Article-165 and 165-A of the Constitution are discussed.

Ameer Aman Ullah Vs The State etc

Citation: 2020 LHC 3959, 2021 YLR 584 Lahore

Case No: Criminal Appeal No. 8151 of 2019

Judgment Date: 24/06/2020

Jurisdiction: Lahore High Court

Judge: Justice Malik Shahzad Ahmad Khan

Summary: (a) Control of Narcotic Substances Act (XXV of 1997)-------S. 9(c)---Possession of narcotics---Appreciation of evidence---Benefit of doubt---Scope---Accused was alleged to have been found in possession of 1500 grams ofcharas---Report of Forensic Laboratory did not give the details of full protocols andthe test applied at the time of analysis of sample of narcotics rather it simplymentioned that certain tests were conducted and contraband material recovered inthe case was charas---Appeal was allowed and the impugned judgment was set aside,in circumstances. The State through Regional Director ANF v. Imam Bakhsh and others 2018SCMR 2039 and Khair-ul-Bashar v. The State 2019 SCMR 930 rel.(b) Control of Narcotic Substances Act (XXV of 1997)-------S. 9---Possession of narcotics---Scope---Provisions of the Control of NarcoticSubstances Act, 1997, provide stringent punishments, therefore, their proof has to beconstrued strictly and the benefit of any doubt in the prosecution case must beextended to the accused. Muhammad Hashim v. The State PLD 2004 SC 856 and Ameer Zeb v. TheState PLD 2012 SC 380 ref.(c) Control of Narcotic Substances Act (XXV of 1997)-------S. 36---Report of Government Analyst---Scope---Any report failing to describetherein the details of full protocols and the tests applied would be inconclusive,unreliable, suspicious and untrustworthy and will not meet the evidentiarypresumption attached to a report of the Government Analyst under S.36(2) of theControl of Narcotic Substances Act, 1997.(d) Criminal trial-------Benefit of doubt---Scope---Single circumstance creating reasonable doubt wouldbe sufficient to cast doubt about veracity of prosecution case and the benefit of saiddoubt has to be extended in favour of the accused not as a matter of grace orconcession but as a matter of right.

Ali Akbar v. The State, etc

Citation: 2020 SCMR 1225, 2020 SCP 140

Case No: Crl.P.L.A.443-L/2020

Judgment Date: 24/06/2020

Jurisdiction: Supreme Court of Pakistan

Judge: Justice Sayyed Mazahar Ali Akbar Naqvi

Summary: Bail denied---Background:The case involves a double murder incident that occurred on 05.02.2016 in Rashid Amin Chowk, where members of one criminal group were fired upon by their opponents, resulting in the deaths of two individuals. The assailants, including the petitioner, allegedly conspired to commit the murders as part of a plan to retaliate against the opposing group.---Issues:Whether the petitioner, along with others, committed a heinous act of double murder with the intention to create a false counter-narrative.Whether the petitioner is eligible for bail under section 497(1) of the Criminal Procedure Code (Cr.P.C.) considering the delay in the trial proceedings.---Holding/Reasoning/Outcome:The petitioner, along with co-accused, allegedly committed the double murder with the intention to create a false counter-narrative against the opposing group. The attack was characterized by its brutality and premeditated nature, aiming to silence the victims and manipulate the situation in favor of the assailants.The trial proceedings were significantly delayed due to the accused party's repeated absences from court hearings, demonstrating their attempts to manipulate and delay the judicial process. Despite efforts by the complainant to seek police protection, the accused party continued to evade the legal process, indicating their disregard for the law.The court interpreted section 497(1) of the Cr.P.C., which provides for bail in cases of non-bailable offenses. While the provision allows for bail under certain circumstances, including trial delays, it also imposes restrictions, such as denying bail to previously convicted offenders and individuals deemed hardened, desperate, or dangerous criminals.In this case, the court concluded that the petitioner falls within the category of a hardened, desperate, and dangerous criminal, based on the nature of the offense and the petitioner's actions during the trial proceedings. As a result, the petitioner was not entitled to the benefit of bail under section 497(1) of the Cr.P.C., and the petition was dismissed.Precedents:MUHAMMAD HANIF versus THE STATE (PLD 1986 Karachi 437) MOUNDER and others versus THE STATE (PLD 1990 Supreme Court 934)

SHOUKAT ALI vs IG PRISONS and others

Citation: 2023 PCrLJ 169

Case No: Writ Petition No. 39042/2019

Judgment Date: 23/06/2020

Jurisdiction: Lahore High Court

Judge: Sardar Muhammad Sarfraz Dogar, J

Summary: Summary pending

and Nazeer Ahmed Langove J vs FEDERATION OF PAKISTAN through Secretary Ministry of Finance Islamabad and 6 others Constitutional Petitions Nos 414 419 and 429 of 2020 decided on 23rd June 2020

Citation: PLD 2020 Balochistan 89

Case No: Case41723

Judgment Date: 23/6/2020

Jurisdiction: Unknown

Judge: Jamal Khan Mandokhail, C.J.

Summary: Summary pending

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