| Case ID |
14a59141-007e-4da4-8963-b3ef31b7cdcd |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition No. 194-K of 2000 |
| Decision Date |
Nov 27, 2000 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan granted leave to appeal to address the conflicting views regarding the jurisdiction of the Federal Service Tribunal over disciplinary matters involving personnel of the Airports Security Force, specifically in light of Section 7-A(4) of the Airports Security Force Act, 1975. The Court noted previous judgments which indicated that the Service Tribunal ceased to have jurisdiction in such matters, thereby necessitating a clearer interpretation of the law to resolve the controversy. The decision aims to ensure that personnel have appropriate access to legal remedies in disciplinary proceedings. |
| Summary |
This case revolves around the jurisdiction of the Federal Service Tribunal concerning disciplinary actions taken against personnel of the Airports Security Force under the Airports Security Force Act, 1975. The Supreme Court analyzed conflicting judgments regarding whether the Tribunal retained the authority to hear appeals in disciplinary matters following the enactment of Section 7-A(4). The case highlights the complexities of legal interpretations in administrative law and the implications for civil servants subjected to military discipline under the Pakistan Army Act. The Court's decision underscores the need for clarity in the intersection of civilian and military law, ensuring that personnel can pursue their legal rights without undue barriers. The ruling is pivotal in shaping future cases involving disciplinary jurisdiction and administrative justice in Pakistan's legal framework. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Rashid Aziz Khan,
Hamid Ali Mirza,
Abdul Hameed Dogar
|
| Lawyers |
Kunwar Mukhtar Ahmed,
Ahmedullah Farooqi
|
| Petitioners |
Mrs. Mushtar Jehan
|
| Respondents |
Respondent No. 4,
Honorable Prime Minister of Pakistan
|
| Citations |
2001 SLD 1413,
2001 SCMR 863
|
| Other Citations |
Force Commander ASF v. Muhammad Rashid 1996 SCMR 1614,
Gul Muhammad v. Force Commander -1999 SCMR 2935,
Fasihuddin v. Khawar Latif Butt 1993 SCMR 1,
Tarab Arif Fatimi v. President of Pakistan PLI 1994 SC 562
|
| Laws Involved |
Airports Security Force Act,
Constitution of Pakistan
|
| Sections |
7-A(4),
212(3)
|