| Case ID |
31aaa321-ecd0-4d11-b0d9-9a2079903d2f |
| Body |
View case body. Login to View |
| Case Number |
Constitutional Petition No-.3306 of 1993 |
| Decision Date |
Jan 31, 2003 |
| Hearing Date |
Feb 26, 2003 |
| Decision |
The Sindh High Court allowed the petitioners' application to recall the order of withdrawal of their constitutional petition, which was initially withdrawn under a mistaken belief that the respondents were interested in performing their statutory duties. The court found that the withdrawal was based on a false statement made by the respondents regarding an interim injunction that had been vacated prior to the hearing. The court directed the alleged contemnor to appear and show cause for the false statement made in their comments. The case was ordered to be decided on its merits, emphasizing the importance of honesty in legal proceedings. |
| Summary |
In this significant case adjudicated by the Sindh High Court, the petitioners, led by Noor Muhammad and others, challenged the actions of the Karachi Buildings Control Authority (K.B.C.A.) and the Karachi Metropolitan Corporation (K.M.C.) regarding a statutory duty to demolish certain premises. The petitioners initially withdrew their constitutional petition based on a false statement from the respondents, which led them to believe that the respondents were unable to act due to a legal injunction. Upon discovering the truth—that the injunction had been vacated—the petitioners sought to reinstate their case. The court's decision to allow the petitioners to recall their withdrawal underscores the critical need for transparency and integrity in legal processes, particularly concerning contempt of court. This case highlights the balance between the rights of individuals against governmental authorities and the enforcement of lawful duties by those authorities. Legal practitioners should take heed of this ruling as it reinforces the principle that misrepresentation can have serious repercussions in court proceedings. The court's ruling serves as a precedent for future cases involving similar issues of false statements and the withdrawal of legal petitions. |
| Court |
Sindh High Court
|
| Entities Involved |
KARACHI BUILDINGS CONTROL AUTHORITY,
K.M.C.
|
| Judges |
SABIHUDDIN AHMED,
ALI ASLAM JAFRI
|
| Lawyers |
Saalim Salam Ansari,
Rasheed-ud-Din Ahmed,
Suleman Habibullah A.A.G
|
| Petitioners |
others,
NOOR MUHAMMAD
|
| Respondents |
6 others,
KARACHI BUILDINGS CONTROL AUTHORITY,
K.M.C. through Chief Controller, Karachi
|
| Citations |
2003 SLD 2825,
2003 CLC 987
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Contempt of Court Act (LXIV of 1976)
|
| Sections |
204,
199,
3,
4
|