فیصلے

Suo motu notice taken of sectarian killing of Hazaras. High Court can exercise suo motu powers - principles enunciated. Articles 175(2), 184(3) 199(2) of the Constitution and Fundamental Rights analyzed. S. 11-W Anti-Terrorism Act, 1997 - Media cannot propagate views advocating terrorism. Balochistan Prohibition of Expressing Matters on Walls Ordinance, 2001. Quranic injunctions forbidding killings.

System of Sardari (Abolition) Act, 1976

Hajj on Government expense not permissible

Canons of Conduct and Professional Etiquette. Law officers intentionally not appearing before court violate their statutory duties. As they are paid by tax-payers their salary be deducted

Article 19A of Constitution. Freedom to access information of public importance.

Balochistan Land Revenue Act, 1967, sections 53 and 172

Appointments made on basis of nepotism, political influence and by disregarding merit

Admiralty Jurisdiction of High Courts Ordinance, 198; sections 3(2)(l) and 4(4) supply of ‘necessaries’ (furnace oil). Liability of subsequent owner of vessel

Assistant District Attorneys whether eligible to apply for post of Addl. Dist. & Sessions Judges

Public tenders have to be invited before award of parking fee rights by Corporation

Government survey for oil and gas exploration on private land.

Tribal Areas; Article 247 of the Constitution and High Court’s jurisdiction. Section 86-A of the Criminal Procedure Code

Illegal construction around public park which would destroy its use was stopped. Principles governing naming of public spaces. The park could not be named after sitting Prime Minister

Code of Criminal Procedure (Balochistan Amendment) Act, 2010, introducing executive magistracy, struck down. Separation of executive from judiciary. Articles 142, 143, 175(3), 202 & 203 of the Constitution

Non acceptance of post offered to a candidate higher to the petitioner on the merit list

Suo motu notice taken of encroached college land. Articles 25, 34, 37 and Right to education and Quranic mandate 38 of the Constitution.

Balochistan Wildlife Act,1974. Consequences of death of cranes in captivity Islamic principles highlighted

Quo warranto writ against Senator, as he stood disqualified after his conviction under NAB Ordinance. Scope of Articles 62 (1) (d) and (g) and 63 (1) (h) of the Constitution. Senator directed to return all benefits received by him

Balochistan Civil Services Act, 1974 and Balochistan Civil Servants (Appointment, Promotion & Transfer) Rules, 2009. Risaldar Majors’ appointment in the Levies Force set aside as made on ad hoc basis, by ‘relaxing’ rules and without placing advertisement

Census in Balochistan cannot be stopped as it is mandated by The Census Ordinance, 1959.

Illegal black listing of company

Preservation of fish stock. Seized illegal fishing nets (gujja) must be destroyed

Municipality’s amenity plot cannot be converted to private commercial use. Balochistan Local Government Ordinance 2001 & Balochistan Local Government Act, 2010

Failure to deal with the petitioner in accordance with law declaration can be made and direction given under Articles 199 of the Constitution

Illegal recruitments made in the Board set aside

Destitute divorced wife permitted to retain possession of her former husband’s property in absence of legal heir of deceased owner.

Order XXIII, Rule 1(3) CPC; Unconditional withdrawal of suit precluded from instituting fresh suit in respect of same subject matter

Free will marriage, FIR quashed. Women have the right to contract marriage in Islam

Right of woman to marry. Articles 4, 31, 35 and 199 of the Constitution

Scholarship/Admission

Holding two domicile certificates whilst applying to Balochistan Medical College. Scope of Articles 199 and 32 of the Constitution

Transfer of a case from an Anti-Terrorism Court to an ordinary court

Balochistan Prevention of Gambling Ordinance, 1978.

Compromise in compoundable offences. Section 392 PPC.

Sentencing: Sections 35 and 71 PPC. Principles of concurrent sentencing