Legal Case Summary

Case Details
Case ID d5e63c8f-1339-4d85-9009-b122df592d45
Body View case body.
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