Legal Case Summary

Case Details
Case ID 42852354-8386-4a6f-964f-9e574ed06dc7
Body View case body.
Case Number Civil Petitions Nos. 493, 494, 505 to 508, 529 to
Decision Date Nov 04, 2015
Hearing Date Oct 29, 2015
Decision The Supreme Court ruled that the Sindh Reserve Police and other branches of the police force are not separate cadres. They emphasized that the entire police establishment should be viewed as one indivisible force. The court ordered the preparation of a common seniority list for all police personnel serving in different establishments, to ensure uniformity and compliance with the Police Act and Rules. They also highlighted the importance of adhering to the defined recruitment and training processes for police personnel, which must be uniformly applied across the force. The court instructed that no officer should face delays in confirmation or promotion due to administrative negligence and that all personnel who have completed their probation should be confirmed automatically. The judgment underscores the need for compliance with the legal framework governing the police service.
Summary The case revolves around the legal and administrative structure of the Sindh Police, focusing on the status of the Sindh Reserve Police and its personnel. The Supreme Court of Pakistan addressed issues related to the categorization of police branches and the legal implications of such classifications under the Police Act of 1861 and Police Rules of 1934. The court found that various police branches, including the Sindh Reserve Police, were integral parts of a single police force, thus negating the notion of them being separate cadres. The ruling emphasized the necessity of a unified seniority list and adherence to standard recruitment and training procedures to promote efficiency within the police force. This case highlights ongoing concerns regarding administrative practices, promotion opportunities, and the rights of police personnel within the framework of existing laws. Keywords: Sindh Police, Police Act, Police Rules, Seniority List, Cadre Classification, Administrative Law, Legal Framework.
Court Supreme Court of Pakistan
Entities Involved Not available
Judges ANWAR ZAHEER JAMALI, C.J., AMIR HANI MUSLIM, UMAR ATA BANDIAL, JJ
Lawyers Shahid Anwar Bajwa, Advocate Supreme Court, Zulfiqar Khalid Maluka, Advocate Supreme Court, M. Munir Peracha, Advocate Supreme Court, Syed Iftikhar Hussain Gillani, Senior Advocate Supreme Court, Syed Rafaqat Hussain Shah, Advocate-on-Record
Petitioners GUL HASSAN JATOI and others
Respondents FAQIR MUHAMMAD JATOI and others
Citations 2016 SLD 1467 = 2016 SCMR 1254
Other Citations Not available
Laws Involved Police Act, 1861, Police Rules, 1934
Sections 2, 12, Rr.1.3, Rr.1.5