| Case ID |
254167a4-f17e-42dc-b451-7fdca0a74abf |
| Body |
View case body. Login to View |
| Case Number |
Constitutional Petition No.S-440 of 1992 |
| Decision Date |
Oct 26, 2000 |
| Hearing Date |
|
| Decision |
The Sindh High Court dismissed the constitutional petition filed by the petitioner, Mohabat, seeking to direct the respondents to register a case against the accused under section 154 of the Criminal Procedure Code. The court found that it did not have jurisdiction to try and punish individuals subject to the Pakistan Army Act, 1952. The court noted that the constitutional jurisdiction was discretionary and intended to administer justice, not promote injustice. The evidence presented was deemed controversial and disputed, leading to the conclusion that the petition was misconceived and was dismissed without costs. |
| Summary |
In the case of 'Constitutional Petition No.S-440 of 1992,' the Sindh High Court addressed the petition filed by Mohabat concerning the alleged unlawful detention and killings of individuals by law enforcement agencies. The petitioner sought registration of a case under section 154 of the Criminal Procedure Code, claiming that his relatives were wrongfully detained and killed during a raid involving army personnel. The court evaluated the jurisdictional limitations imposed by the Pakistan Army Act, 1952, which restricts the ability of civilian courts to adjudicate matters involving army personnel. The court ultimately dismissed the petition, emphasizing the need for proper legal channels to address grievances against members of the armed forces. The decision highlighted the court's commitment to upholding legal principles while ensuring justice is served without encouraging further injustices. This case serves as a critical reference point for future cases involving the jurisdiction of civil courts over military personnel and the enforcement of constitutional rights. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD ASHRAF LEGHARI, J
|
| Lawyers |
Nizamuddin Baloch for Petitioner,
Sher Muhammad Shar, A.A.-G. for Respondents
|
| Petitioners |
MOHABAT
|
| Respondents |
others,
THE S.S.P., SUKKUR
|
| Citations |
2001 SLD 922,
2001 PCRLJ 465
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Pakistan Army Act, 1952,
Penal Code (XLV of 1860),
Constitution of Pakistan, 1973
|
| Sections |
154,
2,
7,
139,
199,
131
|