| Case ID |
d5e013fc-5199-441f-aab5-207f40984edb |
| Body |
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| Case Number |
Supreme Court Appeals Nos. 6 of 1983, 14, 15, 19 a |
| Decision Date |
Mar 11, 1987 |
| Hearing Date |
|
| Decision |
The Supreme Court ruled that certain provisions of the Civil Servants Act and related laws were repugnant to the injunctions of Islam as they failed to provide due process, including notice and an opportunity to be heard before the compulsory retirement of civil servants. The court emphasized the importance of justice and fair treatment under Islamic principles, mandating that civil servants must be afforded the opportunity to contest their premature retirement. The court granted a six-month period for authorities to amend the laws to ensure compliance with Islamic injunctions, failing which the specified provisions would cease to have legal effect. The decision highlighted the necessity of safeguarding the rights of civil servants against arbitrary actions by the state. |
| Summary |
In the landmark case adjudicated by the Supreme Court of Pakistan on March 11, 1987, the court addressed the constitutional validity of specific provisions in the Civil Servants Act of 1973 and similar laws. The case arose from concerns that these laws allowed for the premature retirement of civil servants without adequate safeguards, such as notice and the right to a hearing, thus violating Islamic principles of justice. The court underscored the importance of due process in administrative actions, asserting that the rights of individuals cannot be sacrificed for the purported public interest without proper legal procedures in place. This case set a significant precedent for the protection of civil servants' rights within the framework of Islamic law, emphasizing that the state must adhere to principles of fairness and justice in its dealings with its employees. The ruling mandated that the state must amend existing laws to align with Islamic injunctions, thereby reinforcing the rule of law and the protection of individual rights in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
|
| Judges |
JUSTICE MUHAMMAD AFZAL ZULLAH,
NASIM HASAN SHAH,
MAULANA MUHAMMAD TAQI USMANI
|
| Lawyers |
Dr. Syed Riazul Hassan, Advocate Supreme Court,
M. Afzal Siddiqi Advocate-on-Record,
Imtiaz Muhammad Khan, Advocate-on-Record,
Khalil Ramday, Additional Advocate General Punjab,
Rao Muhammad Yousaf, Advocate-on-Record,
Advocate General, N.W. F. P.,
M. Qasim Imam, Advocate-on-Record
|
| Petitioners |
PAKISTAN AND others
|
| Respondents |
PUBLIC AT LARGE AND OTHERS
|
| Citations |
1987 SLD 868 = 1987 PLD 304
|
| Other Citations |
Pakistan v. Public at Large P L D 1986 S C 240
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
203-D,
203-F,
12(i)(ii),
13(i),
13(i)(ii),
44(3)
|