| Case ID |
e24f3139-c30c-4d6e-8705-fcd5ca20c8ef |
| Body |
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| Case Number |
D-587 of 2011 |
| Decision Date |
Jun 03, 2012 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petition seeking leave to appeal against the High Court's judgment that had dismissed the constitution petition challenging the transfer orders of certain members of the Sindh Criminal Prosecution Service. The court held that the power of transfer and posting of members of the service resides with the Sindh Government, not the Prosecutor-General. The court emphasized that the provisions of the Sindh Criminal Prosecution Service Act, 2010, grant the Sindh Government the authority for appointments and transfers, and the Prosecutor-General does not have the power to unilaterally transfer members of the service. The court's ruling reinforced the independence of the prosecution service from executive interference, highlighting the legislative intent behind the Act. |
| Summary |
This case revolves around the authority of the Prosecutor-General of Sindh in relation to the transfer and posting of members of the Sindh Criminal Prosecution Service. The Supreme Court of Pakistan addressed the legal framework established by the Sindh Criminal Prosecution Service (Constitution, Functions and Powers) Act (IX of 2010) and clarified that the powers of transfer and posting are vested in the Sindh Government, ensuring the independence of the prosecution service from executive control. The court's decision underlines the importance of maintaining a separation of powers within the legal system, particularly in the context of criminal prosecution, where impartiality and independence are crucial for justice. The ruling dismisses the petitioners' claims and affirms the application of the Sindh Civil Servants Act, 1973, where applicable, while establishing that members of the prosecution service are public servants but not civil servants. This decision reinforces the legislative intent to create a robust and independent prosecution service in Sindh, free from political or executive influence. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Government of Sindh,
Sindh Criminal Prosecution Service
|
| Judges |
KHILJI ARIF HUSSAIN,
AMIR HANI MUSLIM
|
| Lawyers |
Abid S. Zubairi, Advocate Supreme Court,
Khalid Javed Khan, Advocate Supreme Court,
Mazhar Ali B. Chuhan, Advocate-on-Record
|
| Petitioners |
PROVINCE OF SINDH through Chief Secretary, Sindh, Sindh Secretariat
|
| Respondents |
PROSECUTOR-GENERAL SINDH, CRIMINAL PROSECUTION DEPARTMENT and others
|
| Citations |
2012 SLD 1643,
2012 PLC 263
|
| Other Citations |
State of Assam v. Ranga Muhammad and others AIR 1967 SC 903,
Iftikhar Ahmad v. The Muslim Commercial Bank Ltd. PLD 1984 Lah. 69,
Sharif Faridi v. Federation of Pakistan and another PLD 1989 Kar. 404,
M.H. Mirza v. Federation of Pakistan 1994 SCMR 1024,
Zia Ghafoor Piracha v. Chairman Board of Intermediate and Secondary Education, Rawalpindi 2004 SCMR 35,
Abdul Haq v. Province of Sindh PLD 2000 Kar. 224,
Abdul Haque Indhar v. Province of Sindh 2000 SCMR 907,
Amanullah Khan Yousufzai v. Federation of Pakistan PLD 2011 Kar. 451,
Muhammad Ali Satakzai v. Appointing Authority through Registrar Balochistan High Court 2011 SCMR 2011
|
| Laws Involved |
Sindh Criminal Prosecution Service (Constitution, Functions and Powers) Act (IX of 2010),
Sindh Civil Servants Act (XIV of 1973),
Sindh Government Rules of Business, 1986
|
| Sections |
14,
16(2),
18,
10
|