| Case ID |
d5e63c8f-1339-4d85-9009-b122df592d45 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition No. 2875-L of 2019 |
| Decision Date |
Mar 12, 2020 |
| Hearing Date |
Mar 12, 2020 |
| Decision |
The Supreme Court of Pakistan ruled that the respondent, Muhammad Irfan, who had confessed to his guilt in a case under the Pakistan Arms Ordinance, could not be retained in service due to his conviction. The court noted that Rule 16.2 of the Police Rules, 1934 mandates dismissal from service for a police employee convicted of an offense. The court set aside the Punjab Service Tribunal's erroneous conclusion of acquittal and confirmed that the respondent’s conviction required dismissal. The petition for leave to appeal was converted into an appeal and was allowed. |
| Summary |
In the landmark case of Civil Petition No. 2875-L of 2019, the Supreme Court of Pakistan addressed critical issues surrounding police conduct and legal accountability. The case involved Muhammad Irfan, a Junior Clerk in the District Police Office, who was convicted under the Pakistan Arms Ordinance for making a confession regarding illegal arms possession. The court examined the implications of this conviction on Irfan's employment status, referencing the Police Order (Third Amendment) Ordinance, 2005 and the Police Rules, 1934, which stipulate that any police employee convicted of a crime must be dismissed from service. The ruling emphasized the importance of upholding the law and maintaining integrity within law enforcement agencies, thus reinforcing accountability. Additionally, the court underscored the necessity for courts to accurately interpret facts and maintain consistency in legal proceedings. This case serves as a pivotal reference point for discussions on legal ethics and the responsibilities of law enforcement personnel in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Punjab Service Tribunal,
District Police Officer, Mianwali
|
| Judges |
Ijaz-ul-Ahsan,
Sajjad Ali Shah,
Gulzar Ahmed
|
| Lawyers |
Mushtaq A. Mohal, Additional A.G., Punjab,
Malik Matiullah, Advocate Supreme Court
|
| Petitioners |
Zaka Ullah, Inspector, Legal,
DIG of Police, Punjab
|
| Respondents |
Muhammad Irfan
|
| Citations |
2020 SLD 1752,
2020 PLC 780
|
| Other Citations |
Not available
|
| Laws Involved |
Police Order (Third Amendment) Ordinance, 2005,
Pakistan Arms Ordinance, 1965
|
| Sections |
16.2,
13,
20
|