| Case ID |
14a450fa-3d53-4f6c-bb47-1461c1ebb9fa |
| Body |
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| Case Number |
C.P.No. D-295 of 2005 |
| Decision Date |
Sep 16, 2008 |
| Hearing Date |
|
| Decision |
The Sindh High Court dismissed the petition filed by Nazir Ahmed Dayo for pensionary benefits of his deceased son, SWR Rasheed Ahmed, who served in the Pakistan Army for thirteen months. The court held that the petitioner failed to establish the grounds necessary for constitutional jurisdiction, specifically that the actions taken by the Army authorities were without jurisdiction, coram non judice, or mala fide. The court found that a proper inquiry into the death of the petitioner’s son was conducted, which concluded that he committed suicide due to personal issues. The court emphasized that the petitioner's claim for pensionary benefits could not be entertained due to the short duration of service and the applicable pension regulations. Consequently, the petition was dismissed in limine. |
| Summary |
This case revolves around a constitutional petition filed by Nazir Ahmed Dayo seeking pensionary benefits for his son, who served in the Pakistan Army and committed suicide. The Sindh High Court reviewed the maintainability of the petition under Article 199(3) of the Constitution of Pakistan, which limits the jurisdiction of the High Court regarding members of the Armed Forces. The court found that the petitioner did not provide sufficient evidence to challenge the inquiry conducted by the Army, which determined the cause of death as suicide due to a failed love affair. The court's decision underscores the importance of adhering to established military regulations regarding pension eligibility and highlights the limitations of judicial intervention in military matters. This case references notable legal principles concerning jurisdiction and the interpretation of pension regulations, making it relevant for discussions on military law and constitutional rights in Pakistan. |
| Court |
Sindh High Court
|
| Entities Involved |
Pakistan Army,
Secretary Defence Islamabad
|
| Judges |
ABDUR RAHMAN FARUQ PIRZADA,
ARSHAD NOOR KHAN
|
| Lawyers |
Learned counsel for petitioner,
Learned Federal counsel
|
| Petitioners |
NAZIR AHMED DAYO
|
| Respondents |
2 others,
FEDERATION OF PAKISTAN through Secretary Defence Islamabad
|
| Citations |
2009 SLD 2188,
2009 PLD 42
|
| Other Citations |
PLD 2007 SC 498,
PLD 2001 SC 549,
PLD 1996 SC 632
|
| Laws Involved |
Constitution of Pakistan (1973),
Pension Regulation, Vol. I, 1999
|
| Sections |
199(3),
R.17(a)
|