| Case ID |
0f96d1c4-9a76-4507-9b43-858ff5db6a55 |
| Body |
View case body. Login to View |
| Case Number |
D-223 of 1985 |
| Decision Date |
Jan 29, 1986 |
| Hearing Date |
|
| Decision |
The petition was accepted, and the court directed that the driving licence of the petitioner, Muhammad Ibrahim Memon, be restored with immediate effect. The court found that there was no material evidence to justify the suspension of the driving licence based solely on the pendency of a case involving a fatal accident. The decision emphasized that mere involvement in such an incident without a reasonable assessment of the facts does not warrant a penalty. The petitioner had previously been acquitted of the charges against him under Section 304-A of the Penal Code, and thus no grounds existed to impose a suspension on his driving privileges. |
| Summary |
In the case of Constitutional Petition No. D-223 of 1985, the Sindh High Court addressed the matter of driving licence suspension under the West Pakistan Motor Vehicles Ordinance. The case arose after the petitioner, Muhammad Ibrahim Memon, was involved in a fatal accident leading to the suspension of his driving licence for three years. The court ruled that the mere pendency of a criminal case does not suffice for such a suspension. The court highlighted that there must be concrete evidence of the driver's previous conduct indicating a danger to public safety. The ruling reinforced the principle of fair assessment in legal proceedings, particularly in cases involving driving privileges, ensuring that individuals are not penalized without substantial proof. Keywords related to this case include driving licence reinstatement, legal standards for licence suspension, and fair legal proceedings. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD ZAHOORUL HAQ,
NASIR ASLAM ZAHID
|
| Lawyers |
Khalid Latif,
Addl. A.G. (Sind)
|
| Petitioners |
Muhammad Ibrahim Memon
|
| Respondents |
GOVERNMENT OF SIND through the Home Secretary, Karachi and others
|
| Citations |
1987 SLD 900,
1987 MLD 1519
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Motor Vehicles Ordinance
|
| Sections |
16
|