| Case ID |
32148b4c-7b11-4c7d-86d7-7f6a425f8351 |
| Body |
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| Case Number |
Writ Petition No. 633 of 1961 |
| Decision Date |
Nov 13, 1961 |
| Hearing Date |
Nov 02, 1961 |
| Decision |
The Lahore High Court ruled that a writ petition could be entertained even if a similar suit was pending, particularly if the petitioners faced irreparable harm to their reputation and property. The court emphasized that the power to issue a writ is not strictly conditioned and can be exercised at the court's discretion. The court also addressed the principle of natural justice, affirming that no one should be condemned unheard, unless the law explicitly states otherwise. In this case, the court found that the order issued under section 237 of the Cantonments Act did not require the respondent to give the petitioners a chance to show cause, thus upholding the legality of the order. The petition was ultimately dismissed. |
| Summary |
This case involves a writ petition presented by Mst. Sattan and her daughters against an order issued by Group Captain Masroor Hussain, which directed them to leave Sargodha Cantonment on the grounds of alleged prostitution. The Lahore High Court examined the validity of the order under section 237 of the Cantonments Act, 1924, and the principles of natural justice. The court determined that the writ jurisdiction could be invoked even if a similar suit was pending, particularly when irreparable harm to reputation and property was at stake. The ruling clarified the relationship between statutory powers and the principles of natural justice, emphasizing that unless explicitly stated by law, the opportunity to be heard is a fundamental right. This case underscores the importance of safeguarding individual rights against arbitrary actions by authorities. The keywords relevant for SEO include 'writ petition', 'natural justice', 'Cantonments Act', 'Lahore High Court', and 'legal decision'. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SHABIR AHMAD,
ANWARUL HAQ
|
| Lawyers |
S. M. Anwar,
M. Anwar
|
| Petitioners |
Mst. Fatima,
Mst. SATTAN,
Mst. Jawai,
Mst. Rosho,
Mst. Rani
|
| Respondents |
GROUP CAPTAIN MASROOR HUSSAIN,
OFFICER COMMANDING P. A. F. STATION SARGODHA CANTT.
|
| Citations |
1962 SLD 5,
1962 PLD 151
|
| Other Citations |
Faridsons Ltd. v. Government of Pakistan P L D 1961 S C 537,
M. Abdul Majid v. The West Pakistan Province and two others P L D 1956 Lah. 615,
Abbott v. Sullivan and others (1952) 1 K B 189,
Aelbo v. Bull (1952) 2 T L R 388,
The King v. G. Gaskin (1799) 8 T L R 209,
Cooper v. The Board of Works for the Wandsworth District (1862-63) 135 The Revised Reports 643,
Ali and another v. The Crown P L D 1952 F C 71
|
| Laws Involved |
Constitution of Pakistan, 1956,
Cantonments Act (II of 1924),
Laws (Continuance in Force) Order (1 of 1958)
|
| Sections |
170,
237,
2(4)
|