| Case ID |
43d77d5a-9317-4111-b054-d4f21cd5c075 |
| Body |
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| Case Number |
Writ Petition No. 984 of 2011 |
| Decision Date |
Feb 07, 2013 |
| Hearing Date |
|
| Decision |
The Peshawar High Court dismissed the constitutional petition filed by Ali Rahman and others challenging the legality of the orders passed by the lower courts. The petitioners contested the attachment of disputed land under Section 145 of the Criminal Procedure Code, arguing that the complaint was invalid. However, the court found that the provisions of Section 145 were applicable due to the potential for breach of peace arising from a land dispute involving multiple tribes. The court emphasized that the primary purpose of Section 145 is to prevent such disputes from escalating and to maintain the status quo until the matter is resolved by a competent court. Given the serious nature of the conflict, including several murders linked to the dispute, the High Court upheld the lower courts' decisions, affirming that there was no jurisdictional defect or illegality in the orders made. Therefore, the petition was dismissed. |
| Summary |
In the case of Writ Petition No. 984 of 2011, the Peshawar High Court examined the application of Section 145 of the Criminal Procedure Code in a land dispute involving multiple parties. The petitioners, led by Ali Rahman, challenged the orders of the lower courts that attached the disputed property, arguing that the complaint filed did not meet the legal criteria. The court reviewed the circumstances surrounding the case, noting the history of violence associated with the land dispute, including several murders. The court reiterated that Section 145 is intended to prevent imminent threats to peace and to maintain status quo in property disputes until resolved in civil courts. The ruling emphasized that the attachment order was justified given the likelihood of further conflict and upheld the lower courts' decisions as lawful. This case highlights the application of legal provisions in maintaining public order amid civil disputes, reinforcing the importance of procedural adherence in judicial matters. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
NISAR HUSSAIN KHAN,
WAQAR AHMAD SETH
|
| Lawyers |
Sher Muhammad Khan,
Said Hakim
|
| Petitioners |
8 others,
ALI RAHMAN
|
| Respondents |
11 others,
NAIK AMAL KHAN
|
| Citations |
2013 SLD 594,
2013 PLD 61
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Constitution of Pakistan, 1973
|
| Sections |
145,
199
|