Legal Case Summary

Case Details
Case ID 3b1eedee-2acb-4ca5-a268-22349751eabd
Body View case body.
Case Number Writ Petition No.9394 of 2008
Decision Date Dec 04, 2009
Hearing Date
Decision The Lahore High Court determined that the appointments made under the Punjab Criminal Prosecution Service Act were not valid due to non-compliance with the prescribed recruitment process. It highlighted that the Selection Committee was improperly constituted and that several appointments were made without following due process. The court emphasized the importance of merit-based transparency in recruitment and ruled against the allegations of political victimization made by the petitioners. The court ordered the reconstitution of the Selection Committee to ensure fairness in future appointments, addressing issues of transparency and adherence to the rules set forth in the relevant laws.
Summary The case revolves around the validity of appointments made in the Punjab Criminal Prosecution Service under the Punjab Criminal Prosecution Service Act (III of 2006). The Lahore High Court addressed allegations of political victimization and improper recruitment practices. It emphasized the need for a transparent and merit-based selection process, ruling that the previous appointments were invalid due to procedural deficiencies. The court mandated the establishment of a properly constituted Selection Committee to oversee future appointments, ensuring adherence to the statutory requirements. The decision underscores the importance of maintaining the integrity of the recruitment process within the judicial system, particularly in the prosecution service, which plays a crucial role in the criminal justice system. This case highlights ongoing concerns regarding transparency, meritocracy, and political influence in public service appointments, making it a significant precedent in administrative law and public employment.
Court Lahore High Court
Entities Involved Not available
Judges MIAN SAQIB NISAR, IQBAL HAMEED-UR-RAHMAN, UMAR ATA BANDIAL
Lawyers Farooq Amjad Mir, Dr. A. Basit, Dr. Khalid Ranjha, Tahir Mehmood Khokhar, Atir Mehmood, Muhammad Ahmad Qayyum, Muhammad Aslam Nagi, Irfan Malik, Khurram Khan, Ahmad Awais, Fahad Ahmad Siddiqui, Mr. A.K. Dogar, Kh. Haris Ahmad, Ahmad Rauf, Muhammad Raza Qureshi, Saad Rasul, Syed Zahid Hussain Bokhari
Petitioners MUHAMMAD SALEEM, 12 others
Respondents another, SECRETARY PROSECUTION, GOVERNMENT OF PUNJAB, LAHORE
Citations 2010 SLD 2061, 2010 PLC 1
Other Citations Writ Petition No.8456 of 2006, 2005 CLC 922, PLD 1967 Lah. 68, 1992 CLC 1975
Laws Involved Punjab Criminal Prosecution Service (Constitution, Functions and Powers) Act (III of 2006)
Sections 2(j), 8(3)(4)