Summary: 1. A Revenue Officer is not bound to stay partition proceedings where aparty opposing partition has yet to prove his/her title.

Summary: Background: This case arose from a tragic incident in Murree on January 7, 2022, where 22 tourists died after being stranded in their vehicles during a blizzard. Several public interest petitions were filed by the residents of Murree, seeking accountability for the failure of government departments in managing the disaster, as well as addressing broader issues concerning the environmental degradation of Murree, the inefficiency of local departments, and the deterioration of infrastructure. -----Issues: 1- Whether the government departments, particularly the Provincial Disaster Management Authority (PDMA) and the National Disaster Management Authority (NDMA), failed in their duties to prevent and mitigate the disaster. -----2- Whether Murree's infrastructure, including tourism management, traffic control, and environmental protections, needs urgent reforms. -----3- Whether the families of the victims of the Murree disaster are entitled to compensation beyond the initial payments made by the government. -----4- Whether Murree's environmental degradation due to deforestation, illegal construction, and ineffective municipal management requires immediate intervention by the courts. The legality of the existing ban on travel to Murree and whether it should be lifted. -----Holding/Reasoning/Outcome: The court dismissed the petitions seeking criminal liability, stating that the January 7 incident was primarily a natural disaster. However, it held that the government was responsible for administrative failures that worsened the impact of the blizzard. The court ordered several directions to address the deficiencies highlighted in the petitions. The government was directed to increase compensation for the families of the victims beyond the initially offered amount of Rs. 800,000. The PDMA and NDMA were ordered to improve disaster preparedness, including specialized training programs and better coordination between departments. It was also directed that appropriate personnel and equipment be provided to the Punjab Highway Department for clearing snow. The court highlighted the alarming environmental degradation of Murree and directed the government to update and enforce construction by-laws to prevent further deforestation and illegal construction. A ban on plastic use in Murree was ordered, and steps were mandated to clean water channels and improve waste disposal. The court ordered the establishment of a joint coordination committee to manage the inflow of traffic during peak seasons and suggested the construction of parking plazas and better public transport options to reduce congestion. The government was directed to regulate the hotel industry, ensuring proper classification, parking space, and reasonable room rates. The court emphasized the need for public awareness campaigns on environmental protection and responsible tourism, and it encouraged the use of corporate social responsibility programs to engage businesses in environmental preservation. The court ruled that the petitions were maintainable as public interest litigation, given that they addressed broader concerns affecting the public at large, such as environmental degradation and public safety failures. -----Citations/Precedents: Habib Metropolitan Bank Ltd. v. Administrator, Karachi Municipal Corporation (PLD 2014 Sindh 20) Javed Ibrahim Paracha v. Federation of Pakistan (PLD 2004 SC 482) Ms. Shehla Zia and others v. WAPDA (PLD 1994 SC 693) Muhammad Asjad Abbasi and others v. Iqbal Muhammad Chauhan and others (2018 SCMR 2051) National Environmental Policy Act, 1969 (United States) Rio Declaration on Environment and Development, 1992 (United Nations)

Summary: BackgroundIn the case of Masooma and another v. Federal Government through Ministry of Interior Pak Secretariat and another (PLD 2024 Balochistan 33), the petitioners, Masooma and another individual, both of Afghan descent and born in Pakistan, sought directions for the issuance of Computerized National Identity Cards (CNIC). They had married Pakistani citizens and fulfilled all legal requirements for obtaining CNICs, but their applications were denied due to the absence of a Certificate of Domicile from the Federal Government.---IssuesThe core issue addressed in this case was whether the petitioners were entitled to obtain CNICs. The legal examination centered on the interpretation and application of Sections 10(2) and 17 of the Pakistan Citizenship Act, 1951, in conjunction with Article 199 of the Constitution of Pakistan. The case involved questions about the rights of individuals born in Pakistan to Afghan parents and the procedural requirements for such individuals to acquire Pakistani citizenship through marriage.---Holding/Reasoning/OutcomeThe High Court determined that while the petitioners were potentially eligible for Pakistani citizenship due to their birth in Pakistan and marriage to Pakistani nationals, they needed to formally obtain a Certificate of Domicile as required under Section 17 of the Pakistan Citizenship Act, 1951. The court acknowledged the hardship faced by the petitioners due to the non-issuance of CNICs but affirmed that the National Database and Registration Authority (NADRA) lacked the jurisdiction to issue CNICs without the requisite Certificate of Domicile. The petitions were disposed of with a directive that the petitioners should approach the Federal Government to obtain the necessary Certificate of Domicile in the prescribed manner.---Citations/PrecedentsPakistan Citizenship Act, 1951 (Sections 10(2) and 17)Constitution of Pakistan, Article 199National Database and Registration Authority Ordinance, 2000Suo Motu case No.1/K of 2006 (PLD 2008 Federal Shariat Court) - This case was referenced regarding the discriminatory nature of certain provisions in the Citizenship Act, deemed in violation of constitutional and international norms regarding gender equality.

Summary: The procurement entity is competent to reject any or all bids and annul the procurement process for reasons to be recorded in writing prior to the award of Contract.A tender notice is merely an invitation for making an offer and not by itself an offer or proposal. The advertisement does not constitute a proposal, which would bind the authority to award the contract to the petitioner, who made the lowest bid. It is merely an attempt to ascertain whether an offer can be obtained within such margin as the procuring entity is willing to adopt.The advertisement inviting applications for pre-qualification for providing Operation & Maintenance Services, therefore, is not a proposal within the meaning of the Contract Act, but it invites a proposal. The acceptance of the application may be qualified by several conditions. The submission of application for pre-qualification being in the nature of a proposal or offer unless the application is accepted by the Competent Authority/Procurement Entity and the said acceptance is communicated to the applicant, the contract cannot be said to be concluded between the parties and no legal right accrued to such bidder. An advertisement for providing Operation & Maintenance Services is a mere declaration and does not amount to a contract with anyone who may act upon it.

Summary: Constitution of Islamic Republic of Pakistan, 1973, Article 199----West Pakistan Family Courts Act, 1964----S.10 (4)---Proviso---suitfor dissolution of marriage on the ground of non-payment ofmaintenance for three (03) years, cruelty and recovery of doweretc---trial court dissolved marriage on the ground of Khulla subjectto return of golden ornaments---Appellate Court modified thejudgment of the Judge Family Court, holding that dower is stillunpaid and entire dower is outstanding---constitution petitionagainst the judgment passed in appeal---validity. Evidenceavailable on record reveals that respondent / wife in her evidencehas admitted to have been provided golden ornaments at the timeof marriage---no evidence of taking back/snatching was brought onrecord hence in the event of decree on the basis of Khulla, wifeunder the law, is bound to return the same to the petitioner---petition was accepted and by setting aside judgment of appellatecourt, the judgment of Family Court was restored.

Summary: [Flood management Sindh, inclusion of women in disaster management and the importance of a climate change adaptation plan] The respondents, who are affected by calamities in Sindh, filed petitions seeking relief work in their areas. They requested immediate action from the petitioners to provide food, shelter, and drainage in the affected areas. The respondents highlighted the discriminatory acts of the PDMA Sukkur and claimed that the government was prioritizing the lands of the political elite over the villagers' land. They also mentioned the lack of presence of PDMA or DDMA in Dadu District and the failure of the government in rehabilitation efforts. The court appointed Faisal Siddiqui as amicus curiae to assist in determining the jurisdiction of establishing citizens committees. The court heard all parties and acknowledged the exceptional circumstances of the case. The court stated that it generally does not interfere with interim orders of the High Court unless there are exceptional circumstances. The main issue before the court was the exercise of jurisdiction by the High Court in creating citizens committees and assigning judicial officers to oversee the work of these committees. The court argued that assigning executive functions to judicial officers goes against the principle of separation of powers enshrined in the Constitution. The court referred to the relevant legal framework, including the National Disaster Management Act of 2010, which establishes the National Disaster Management Commission (Commission), the National Disaster Management Authority (NDMA), and Provincial and District Disaster Management Authorities (PDMA and DDMA). The court noted that these authorities should be responsible for relief work, coordination, and implementation. The inclusion of members of civil society in these authorities was deemed necessary to ensure effective disaster management. The court emphasized the lack of coordination and information regarding relief efforts and acknowledged the unprecedented nature of the floods in Sindh. It suggested that citizens' participation in PDMA and DDMA would improve coordination, response, and allocation of resources. The court also highlighted the importance of women's participation and the integration of a gender perspective in disaster management.The court ruled that citizens committees should work with the DDMA to monitor and coordinate relief efforts, facilitate communication with affected areas, and ensure that relief work reaches the affected population. The court emphasized the need for participatory approaches to disaster management, where affected communities have a say in decision-making and are actively involved in relief efforts. The court also stressed the inclusion of members of civil society and women in disaster management planning and implementation.

Summary: Background: The case involves three writ petitions challenging the selection process and appointment of Primary Teachers in various schools within the Azad Jammu & Kashmir (AJ&K) Education Department. The petitioners claimed that despite their high rankings in the merit lists, they were not appointed to the available positions due to alleged malpractice and favoritism by the respondents. ----Issues: 1- Whether the petitioners, who ranked high on the merit list, were wrongfully denied appointment due to the non-availability of advertised posts or due to malpractice by the respondents. 2- Whether the Education Department's actions, including withholding posts and appointing other candidates, were lawful and in accordance with established recruitment procedures. ----Holding/Reasoning/Outcome: Writ Petition No. 600/2020: The court found that the petitioner, Abida Sharif, did not provide sufficient evidence to support her claim that she was wrongfully denied appointment. The court dismissed her petition, noting that the proposal she relied on was merely a suggestion and did not create any legal right in her favor. Writ Petition No. 3370/2021: The court accepted the petition filed by Shabana Talib, who claimed her right to appointment under the 2% quota for differently abled candidates. The court directed the respondents to appoint her to the available position within two months, subject to her submission of a valid certificate proving her differently abled status. Writ Petition No. 666/2022: The court ruled in favor of Effat Latif, who was ranked fourth on the merit list and claimed her right to a post that became vacant due to retirement. The court ordered the respondents to appoint her to one of the available posts within two months. ----Citations/Precedents: A.K. Trading Corporation V. Messers Z.H. Construction and 2 others (1997 SCR 336) Perveen Azam and others V. SSP District Mirpur and 4 others (2015 SCR 837) Ghosia Riaz v. Joint Admission Committee for Admission in Medical Colleges of AJ&K [PLD 2022 High Court (AJ&K) 25] Nasreen Akhtar & 3 others Vs. Sameena Bilqees & 3 others (2006 SCR 312) This case emphasizes the importance of merit-based appointments and the adherence to lawful procedures in public sector employment. The court's decisions reflect a commitment to ensuring that qualified candidates are not unjustly deprived of employment opportunities.

Summary: Summary Pending

Summary: Pakistan is an Islamic Republic country. Provisions of Article 20 of the Constitution of the Islamic Republic of Pakistan, 1973 gives right to every citizen to profess, practice or propagate his religion and that every religious denomination and every sect thereof shall have the right to establish, maintain and manage its religious institutions. In order to encourage study of Islamic literature as a source of Islam, the prescription of Syllabus included different aspects of the Islamic religion including advent of Islam. We noticed with pain that even after 49 years of the enforcement of the Constitution of Pakistan, 1973, religious and moral education do not find its proper place in the curriculum of schools which is resulting in the youth going astray thereby increasing wrong conception in the mind of youth regarding different aspects of Islamic Religion and history. We are of the view that religious texts are not being presented correctly and the consequential action of the preachers in encouraging conversions is also telling upon the cultural civilization of this country. It is, therefore, necessary to introduce compulsory religious education in its true spirit and thereby fostering a correct approach towards religion. The incorrect and wrong religious understanding taught in the books would take the shape of general perception that the followers of Islam would fall into error, which is opposed to tenet of Islam. Preaching by way of wrong Islamic history creates difference among the believers of Islam. It is urged that the right to profess religion can be realized as a fundamental right only if the citizens are well informed and are able to learn and understand true aspects of Islamic religion and that is why it has been made obligatory for the State to include religious education at all levels. The Director, Education Testing & Evaluation Agency (ETEA) and the learned AAG representing the official respondents both contended that the policy for providing the curriculum for primary and secondary schools is entrusted to the Khyber Pakhtunkhwa Text Book Board having teams of different subject specialists at their level for educational research. It is this body which is entrusted with the responsibility of framing curriculum and all books taught in the educational institutions in Khyber Pakhtunkhwa are duly approved by it. In order to groom the students comprehensively, values of religion deserve to be taught in its true perspective and sense so as to remove any misgivings about their teachings and to reveal their true religion. This would help in removing any doubt and preventing conflict of thoughts among the people professing Islam. His trust is that the shadow of doubt would all be cleared by processing of learning and therefore, it is necessary to invoke State action to find out errors in the books and remove the same immediately.

Summary: Background: The petitioner filed a constitutional petition under Article 199 of the Constitution of Pakistan, seeking protection of fundamental rights of child citizens, including their right to nutritious food, education, and proper development. The petitioner, an overseas Pakistani involved in non-profit work for children's education, claimed that the relevant government authorities had failed to enforce these fundamental rights. He emphasized the need for new or strengthened legislation to protect children’s rights and ensure their proper growth. ------Issues: 1- Whether the petitioner should have first approached the relevant governmental authorities before filing the constitutional petition. -----2- Whether child citizens have unqualified fundamental rights to nutritious food, education, and development under the Constitution. -----3- Whether the government is obliged to legislate or enforce existing laws to safeguard these fundamental rights for child citizens. ------Holding/Reasoning/Outcome: The court noted that the petitioner did not initially approach the relevant authorities before filing the petition. However, it appreciated the petitioner's efforts to highlight the importance of enforcing children’s rights. The court recognized that child citizens have fundamental rights under Articles 4, 9, 14, 25A, and 38 of the Constitution. The term "child citizens" is supported by Articles 11(3), 25(3), and 35 of the Constitution, which acknowledge the special status of children. The petition sought the recognition of these rights as unqualified. The court directed the government to: Draft appropriate legislation addressing child citizens' fundamental rights or enforce existing laws effectively. Formulate a national policy for children’s rights, focusing on addressing malnutrition and proper development. Ensure the effective implementation of these policies. The court concluded by issuing these directions and stated that detailed reasons would follow in a full judgment. ------Citations/Precedents: Muhammad Ahmad Pansota and others v. Federation of Pakistan and others (PLD 2020 Lahore 229) Subay Khan v. Secretary, Labour, Government of the Punjab (PLD 2019 Lahore 253) Sheikh Asim Farooq v. Federation of Pakistan and others (PLD 2019 Lahore 664) Muhammad Tahir Jamal, Advocate v. Government of the Punjab and others (PLD 2020 Lahore 407) Sana Khursheed v. Government of the Punjab through Chief Secretary and others (PLD 2022 Lahore 346) Al-Bakoi International v. Federation of Pakistan (PLD 2021 Lahore 1) Muhammad Yousaf v. The Secretary Finance etc. (2021 PLD Lahore 156)