III) While in the Edition of your father of deceased namely Muhammad Iqbal (complainant of second version) fatal injury was attributed to Allah Ditta son of Haqnawaz and role attributed towards the petitioner and others was simple presence with aerial firing without any injury to deceased or PWs.
۔۔۔۔واقعاتی شہادت فوجداری قانون مین درجہ بندی کے لھاظ سے کمزور حیثیت رکھتی ہے۔۔۔ جب تک واقعاتی شہادت کی تمام کڑیاں اس طریقے سے فراہم نہ کی گءی ہوں کہ ایک متواتر زنجیر کی شکل اختیار کرے اور مقتول اور قاتل کے درمیان نہ ٹوٹنے والا سلسلہ قاءم کرے تب تک سزاےموت یا تعزیری سزا /عمر قید کسی کو دینا انصاف کے اصولوں کے منافی ہے۔
four. It's been noticed by this Court that there can be a delay of one day during the registration of FIR which has not been explained by the complainant. Moreover, there isn't any eye-witness on the alleged occurrence along with the prosecution is depending on the witnesses of extra judicial confession. The evidence of extra judicial confession from the petitioners has long been tendered by Ghulam Dastigir and Mohammad Akram through their statements recorded under Section 161, Cr.P.C., on 06.02.2018. Both of them namely Ghulam Dastigir and Mohammad Akram took place being the real brothers in the deceased but they didn't respond at all into the confessional statements of the petitioners and calmly noticed them leaving, a person after the other, without even moving an inch. They have not mentioned in their statements that the accused held some weapon when they visited them to confess their guilt about the murder of Ghulam Farid which could have precluded these witnesses from apprehending the petitioners. Their conduct does not seem much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on fourteen.02.2018 and there is no explanation as to why her arrest was not effected after making with the alleged extra judicial confession. It's been held on a lot of instances that extra judicial confession of an accused is often a weak type of evidence which could possibly be manoeuvred via the prosecution in any case where direct connecting evidence does not come their way. The prosecution is also relying on the evidence of Murid Hussain and Muhammad Afzal which is equally fragile, as both the witnesses Murid Hussain and Muhammad Afzal did not say a word as to presence of some light on the place, where they allegedly saw the petitioners with each other on a motorcycle at 4.
Section 302 from the Pakistan Penal Code addresses the grave offense of intentional murder and prescribes severe punishments to act as a deterrent and copyright the value of human life. The application of your death penalty or life imprisonment depends about the specifics of every case, which includes any extenuating circumstances or mitigating factors.
Amir Abdul Majid, 2021 SCMR 420. 12. There is not any denial from the fact that in Government service it is expected that the persons acquiring their character over board, free from any moral stigma, are to generally be inducted. Verification of character and antecedents is a condition precedent for appointment to the Government service. The candidates must have good character and supply two recent character certificates from unrelated individuals. What is discernible from the above mentioned is that the only impediment to being appointed to a Government service could be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a read more way out or guise to accomplish away with the candidature on the petitioner. Read more
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi SHC Citation: SHC-225471 Tag:Coming to your main case, It is usually a nicely-proven proposition of regulation that when an inquiry is conducted on charges of misconduct by a public servant, the Court is concerned with determining whether the inquiry was held by a competent officer or whether rules of natural justice are complied with. Whether the findings or conclusions are based on some evidence, the authority entrusted with the power to hold inquiry has jurisdiction, power, and authority to succeed in a finding of fact or summary. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence in the Stricto-Sensu, utilize to disciplinary proceedings. When the authority accepts that evidence and conclusion obtain support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty on the charge, however, that is subject for the procedure provided under the relevant rules rather than otherwise, for your reason that the Court in its power of judicial review does not act as appellate authority to re-respect the evidence and to arrive at its independent findings around the evidence.
48 . Cr.Misc. 787/2024 (S.B.) Muhammad Anwar V/S S.P Complaint Cell Hyderabad & Others Sindh High Court, Circuit at Hyderabad 2025 SHC HYD twelve Justice of your Peace u/s 22-A will not be obliged to afford a possibility of hearing on the accused party; nor obliged to always or mechanically issue directions for registration of FIR; but is needed to take into account all relevant factors, with care and caution; to avoid machinery of criminal law from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are a few of the relevant factors. Read more
Typically, only an appeal accepted with the court of previous vacation resort will resolve these types of differences and, For lots of reasons, these types of appeals in many cases are not granted.
In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution is usually justified when The fundamental norm underlying a Constitution disappears and a new system is place in its place.
The appellate court determined that the trial court experienced not erred in its decision to allow more time for information for being gathered via the parties – specifically regarding the issue of absolute immunity.
Whoever, with the intention of causing death OR with the intention of causing bodily injury to the person, by executing an act which while in the ordinary course of nature is likely to cause death, or with the knowledge that his act is so imminently perilous that it must in all chance cause death, causes the death on the these kinds of person, is claimed to commit qatl-i-amd/murder”
90 . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi It is additionally important to note that neither seniority nor promotion is the vested right of a civil servant, therefore, neither any seniority nor any promotion may very well be claimed or granted without the actual size of service on account of vested rights. The purpose of prescribing a particular duration of service for turning out to be entitled to become considered for promotion to a higher quality, of course, is not without logic as the officer who's in the beginning inducted into a particular post needs to provide to the said post to gain experience to hold the next higher post and to serve the public in a befitting manner.
Pakistan’s legal system will not be without flaws: overhauling is overdue as well as the law regarding murder involves major reconsideration and clarification. For your time being, the the very least that can be done is to be sure that the First Investigation Report (FIR) is registered with honesty and after properly ascertaining the facts.