| Case ID |
2244b1fb-4a43-4963-b55a-f80d2a504795 |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. 74- |
| Decision Date |
Apr 26, 1974 |
| Hearing Date |
|
| Decision |
The petition was dismissed. The Supreme Court found that the petitioner had not pursued his remedies diligently, as evidenced by the significant delays between his representations. The court emphasized that the removal from service under the Martial Law Regulation was not challengeable in writ jurisdiction, reaffirming the precedents set in previous cases. Furthermore, the allegations of mala fides raised by the petitioner's counsel were deemed vague and insufficiently particularized, failing to meet the required legal standards. The High Court's dismissal was upheld, confirming the principles of laches applicable to this case. |
| Summary |
In the case of Shahbaz Khan Mohmand vs. Islamic Republic of Pakistan, heard by the Supreme Court of Pakistan, the petitioner challenged his dismissal from service under the Removal from Service (Special Provisions) Regulation. The court addressed critical aspects of administrative law, including the challengeability of removal orders and the burden of proof regarding mala fides. The court highlighted the importance of diligence in pursuing legal remedies, ultimately dismissing the petition on grounds of laches. This case underscores the complexities of administrative law in Pakistan and the strict standards required for alleging mala fides, providing valuable insights for legal practitioners and scholars alike. Keywords: Supreme Court of Pakistan, Administrative Law, Removal from Service, Mala Fides, Legal Remedies, Judicial Review. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
HAMOODUR RAHMAN, C.J.,
SALAHUDDIN AHMED, J.
|
| Lawyers |
Sh. Mohammad Shafi Senior Advocate Supreme Court,
M. Sardar Khan, Advocate Supreme Court,
Amirzada Khan, Advocate-on-Record
|
| Petitioners |
SHAHBAZ KHAN MOHMAND
|
| Respondents |
ISLAMIC REPUBLIC OF PAKISTAN
|
| Citations |
1975 SLD 1,
1975 SCMR 4
|
| Other Citations |
State v. Ziaur Rahman P L D 1973 S C 46,
Federation of Pakistan v. Saeed Ahmad Khan P L D 1974 S C 151
|
| Laws Involved |
Removal from Service (Special Provisions) Regulation,
Constitution of Pakistan (1972)
|
| Sections |
58,
281(1),
201
|