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Latest Judgments (All Jurisdictions within Pakistan)

ABID HUSSAIN CHANDIO Petitioner VS PROVINCE OF SINDH through Chief Secretary Sindh and 8 others

Citation: PLD 2024 Sindh 448, PLD 2024 SHC 448

Case No: CP NO.5833/2023

Judgment Date: 07/11/2023

Jurisdiction: Sindh High Court

Judge: Before Aqeel Ahmed Abbasi, C.J. and Abdul Mobeen Lakho, J

Summary: (a) Constitution of Pakistan: ----Art. 199---Constitutional Petition---Maintainability---Locus standi---'Aggrieved person'---Proposed amendment in Sindh Government Rules of Business, 1986---Speculative grievances---Absence of direct adverse effect---Scope of judicial review. The petitioner, an Assistant Director in the Culture, Tourism, Antiquities, and Archives Department, challenged a proposed amendment in the Sindh Government Rules of Business, 1986, claiming that it was introduced without proper approval during the caretaker government's tenure. The court observed that the petitioner lacked the status of an 'aggrieved person' as his claims were speculative and based on hypothetical scenarios without demonstrating any direct or adverse effect on him. The court emphasized that judicial intervention under Article 199 of the Constitution requires the petitioner to establish a direct or indirect injury and a substantial interest in the subject matter. Mere apprehensions or hypothetical grievances do not confer locus standi. Furthermore, the government has the prerogative to amend its rules, and speculative claims cannot override this authority. -----Cited Principles: A person aggrieved must demonstrate direct or indirect injury. Public interest litigation must not be used for personal vendetta or speculative claims. Judicial intervention under Article 199 requires a substantive legal grievance, not hypothetical scenarios. -----Disposition: Petition dismissed in limine.

STATE VS DAILY JINNAH ISLAMABAD

Citation: 2024 PLC 128

Case No: Case No.IT/P/8WBA/56/SM

Judgment Date: 7/11/2023

Jurisdiction: Tribunals

Judge: Shahid Mehmood Khokhar, Chairman

Summary: (a) Newspaper Employees (Conditions of Service) Act, 1973: ----Section 13(6); Rule 7 of ITNE (Procedure and Function) Rules, 1977--- Submission of declaration by respondent management---Repeated non-compliance and delaying tactics by respondent establishment---Tribunal issued multiple notices to the respondent management to file the declaration required under Section 13(6) of the Newspaper Employees (Conditions of Service) Act, 1973, read with Rule 7 of the ITNE (Procedure and Function) Rules, 1977---Despite repeated opportunities and adjournments granted in the interest of justice, the respondent failed to comply---Tribunal noted the continuous conduct of non-compliance as deliberate and obstructive, aimed at avoiding legal obligations. (b) **Administrative Order---Suspension from Central Media List---Non-compliance by newspaper establishment---Tribunal directed suspension of Daily Jinnah, Islamabad, from the Central Media List--- In light of persistent non-compliance by the respondent, the Tribunal directed the Secretary, Ministry of Information and Broadcasting; EDG, Press Information Department, Islamabad; Secretary, Information Department, Government of Punjab; and DGPR, Government of Punjab to suspend the name of Daily Jinnah, Islamabad, from the Central Media List until further orders---Directions were issued for immediate implementation and compliance. (c) **Tribunal Proceedings---Adjournments granted in the interest of justice---Repeated misuse of adjournments--- Tribunal observed that respondent's consistent requests for adjournments, while failing to fulfill its obligations, constituted misuse of the judicial process---Final orders passed due to respondent's failure to comply with legal requirements despite adequate opportunities provided over an extended period. -----Disposition: Tribunal directed the suspension of Daily Jinnah, Islamabad, from the Central Media List until compliance with the legal requirements and adjourned the matter for further proceedings on 15/12/2023.

MUSA KHAN SHINWARI VS The STATE

Citation: 2024 YLR 1838

Case No: Criminal Appeals Nos. 882-P of 2022

Judgment Date: 7/11/2023

Jurisdiction: Peshawar High Court

Judge: Justice Ishtiaq Ibrahim

Summary: Summary Pending

Manzoor Hussain Vs The State etc

Citation: 2023 LHC 6754, PLJ 2024 CrC 822

Case No: Criminal Revision No. 40476/2019

Judgment Date: 07/11/2023

Jurisdiction: Lahore High Court

Judge: Justice Tariq Saleem Sheikh

Summary: Background: The petitioner filed a criminal revision petition challenging a trial court's decision regarding an incident that took place on 10.01.2018. In the incident, the petitioner and his brother were attacked by a group of armed men. The petitioner was assaulted, and his brother was shot and killed. An FIR was lodged under multiple sections of the Pakistan Penal Code (PPC), leading to the conviction of some of the accused under Sections 302(b), 337-A(ii), and 337-L(2) of the PPC. The trial court awarded death and monetary compensation sentences to some of the accused. However, in post-trial proceedings, the convicted individuals were allowed to deposit Arsh and Daman amounts under protest and were subsequently released. The petitioner challenged the legality of this release. -----Issues: 1- Whether the trial court had the jurisdiction to allow the deposit of Arsh and Daman under protest for the release of convicted individuals. -----2- Whether the trial court’s order allowing the deposit of these amounts was in accordance with the law governing the execution of sentences. -----3- Whether the release of the convicts on the basis of the protest deposit was valid under the relevant legal provisions. -----Holding/Reasoning/Outcome: The court referred to the legal provisions related to Arsh, Daman, and the execution of sentences under the PPC and Cr.P.C., including Section 53 PPC (listing various punishments, including Arsh and Daman) and Section 382-A Cr.P.C. (dealing with suspension of sentences). The court found that upon conviction, sentences must be executed unless suspended under specific provisions, such as Section 382-A Cr.P.C., and that the protest deposit of Arsh and Daman did not provide lawful grounds for the release of the convicts. The court ruled that the trial court had acted beyond its jurisdiction by allowing the convicts to deposit compensation amounts under protest for their release, as this was not a valid procedure under the law. The deposit of Arsh and Daman is intended for compensation, not for the suspension or deferral of imprisonment sentences. The court accepted the petition and declared the trial court's order illegal and without jurisdiction. The release of the convicts based on the deposit under protest was overturned, and the trial court's order was set aside. -----Citations/Precedents: Muhammad Adnan alias Dana v. The State and others (2015 SCMR 1570) Riaz Hussain v. The State and others (2022 PCr.LJ 1793)

IRFAN AHMED S/O MUHAMMAD HAYAT VS THE STATE

Citation: Pending

Case No: Cr.Bail 1434/2023

Judgment Date: 7/11/2023

Jurisdiction: Sindh High Court

Judge: Justice Zulfiqar Ahmad Khan

Summary: Pending

IRFAN AHMED S/O MUHAMMAD HAYAT VS THE STATE

Citation: 2023 SHC KHI 200904

Case No: Cr.Bail 1435/2023

Judgment Date: 7/11/2023

Jurisdiction: Sindh High Court

Judge: Justice Zulfiqar Ahmad Khan

Summary: Pending

MUHAMMAD RAFIQUE DURRANI VS THE STATE

Citation: 2023 SHC KHI 200908

Case No: Cr.Bail 2301/2022

Judgment Date: 7/11/2023

Jurisdiction: Sindh High Court

Judge: Justice Zulfiqar Ahmad Khan

Summary: Pending

SAKHI MUHAMMAD S/O NAWAB KHAN VS THE STATE

Citation: 2023 SHC KHI 200918

Case No: Cr.Bail 220/2023

Judgment Date: 7/11/2023

Jurisdiction: Sindh High Court

Judge: Justice Zulfiqar Ahmad Khan

Summary: Pending

ATEEQ AHMED KHAN S/O SHAMIM AHMED KHAN VS THE STATE

Citation: 2023 SHC KHI 201313

Case No: Cr.Bail 734/2022

Judgment Date: 7/11/2023

Jurisdiction: Sindh High Court

Judge: Justice Adnan-ul-Karim Memon

Summary: Pending

MUHAMMAD TARIQUE VS PROVINCE OF SINDH and others

Citation: 2023 SHC KHI 200910

Case No: Criminal Miscelleneous 157/2022

Judgment Date: 7/11/2023

Jurisdiction: Sindh High Court

Judge: Justice Zulfiqar Ahmad Khan

Summary: Pending

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