| Case ID |
154a6a83-4408-4f1e-8704-2bf6ddd28fe9 |
| Body |
View case body. Login to View |
| Case Number |
D-7097 of 2016 |
| Decision Date |
Sep 07, 2017 |
| Hearing Date |
|
| Decision |
The Sindh High Court ruled on significant constitutional issues regarding the distribution of legislative powers between the Federation and Provinces in Pakistan, particularly concerning the Police Act and its amendments. The court established that the Provincial Assemblies have exclusive legislative competence over the police laws, affirming the validity of the Sindh (Repeal of the Police Order, 2002 and Revival of the Police Act, 1861) Act, 2011. The court emphasized that any law made during a period of Martial Law, such as the Police Order of 2002, could not serve as a precedent for legislative practices under normal constitutional circumstances. Furthermore, the decision highlighted the necessity for adherence to prescribed terms and conditions for the appointment of the Inspector General of Police, reinforcing the principles of autonomy and independence for the police force in Sindh. The judgment underscored the importance of effective policing in upholding fundamental rights and maintaining public order. |
| Summary |
The case revolves around the constitutional validity of the 2011 Sindh Act, which repealed the Police Order, 2002 and revived the Police Act, 1861. The petitioners argued that the 2011 Act was unconstitutional as it purported to repeal a federal law without proper legislative authority. The court addressed the distribution of powers between federal and provincial legislatures, particularly in relation to police legislation, and reaffirmed the provincial domain over police laws. The ruling emphasized the need for an autonomous police force to effectively enforce fundamental rights and maintain law and order. This case is significant for its implications on legislative powers, police autonomy, and the protection of fundamental rights in Pakistan. Keywords: Police Act, legislative powers, fundamental rights, Sindh High Court, constitutional law, autonomy of police, public order. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MUNIB AKHTAR, JUSTICE,
ARSHAD HUSSAIN KHAN, JUSTICE
|
| Lawyers |
Faisal Siddique for Petitioners,
Zameer Ghumro, Advocate-General Sindh and Mustafa Mahesar, AAG for the Province,
Salman Talibuddin, Additional Attorney-General and Asim Mansoor Khan, DAG for the Federation,
Shahab Usto for Respondent No. 7 (in Constitutional Petition No. D-7097 of 2016)
|
| Petitioners |
KARAMAT ALI AND OTHERS
|
| Respondents |
FEDERATION OF PAKISTAN THROUGH SECRETARY, MINISTRY OF INTERIOR AND OTHERS
|
| Citations |
2018 SLD 477,
2018 PLD 8
|
| Other Citations |
Rashid and Company v. Punjab Government and another 1995 CLC 1914,
Water and Power Development Authority and others v. Mian Muhammad Riaz and another PLD 1995 Lah. 56,
Muhammad Kamran Mullahkhail v. Government of Balochistan and others PLD 2012 Bal. 57,
Chief Secretary to the Government of East Pakistan v. Moslem-ud-Din Sikdar and another PLD 1957 SC 1,
Shamas Textile Mills Ltd. and others v. Province of Punjab and others 1999 SCMR 1477,
Pakistan International Freight Forwarders v. Province of Sindh and another 2017 PTD 1,
Inspector-General of Police Punjab and others v. Mushtaq Ahmed Warraich and others PLD 1985 SC 159,
Syed Mahmood Akhtar Naqvi and others v. Federation of Pakistan and others PLD 2013 SC 195,
Haider Ali and another v. DPO Chakwal and others 2015 SCMR 1724,
Prakash Singh and others v. Union of India and others (2006) 8 SCC 1,
Human Rights Commission of Pakistan v. Government of Pakistan PLD 2009 SC 507,
Watan Party and another v. Federation of Pakistan PLD 2011 SC 997,
Ghaidan v. Mendoza [2004] UKHL 30, [2004] 3 All ER 411,
Sheldrake v. DPP [2004] UKHL 43, [2005] 1 All ER 237
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
142,
143
|