| Citation(s) |
|---|
| 2015 SLG 325 2015 SLD 325 2015 PLC 346 |
Balochistan High Court
Constitutional Petition No. 320 of 2013, decided on 15th October, 2014. DATE of hearing: 2nd October, 2014
GHULAM MUSTAFA MENGAL, C.J. AND MUHAMMAD HASHIM KHAN KAKAR, J
H. Shakil Ahmed and Mujeeb Ahmed Hashmi for Petitioners. Sher Shah Kasi, Dy. Attorney-General, Nizam-ud-Din Mengal, A.G., assisted by Shai Haq Baloch, Asstt. A.G., Muhammad Akbar Durrani, Secretary, Government of Balochistan, Home and Tribal Affairs Depar
Constitutional Petition No. 320 of 2013, decided on 15th October, 2014. DATE of hearing: 2nd October, 2014
GHULAM MUSTAFA MENGAL, C.J. AND MUHAMMAD HASHIM KHAN KAKAR, J
H. Shakil Ahmed and Mujeeb Ahmed Hashmi for Petitioners. Sher Shah Kasi, Dy. Attorney-General, Nizam-ud-Din Mengal, A.G., assisted by Shai Haq Baloch, Asstt. A.G., Muhammad Akbar Durrani, Secretary, Government of Balochistan, Home and Tribal Affairs Depar
MUHAMMAD AYAZ KHAN JOGEZAI and 2 others
VS
GOVERNMENT OF PAKISTAN STATES AND FRONTIER REGIONS DIVISION, ISLAMABAD and 31 others
Law: Constitution of Pakistan, 1973
Section: 199,25,27,33,247(1),(6)
Constitution of Pakistan--- ----Arts. 199, 25, 27, 33 & 247(1), (6)---Instructions by Federal Government (1954)--- Constitutional petition--- Civil service---Appointments in Federal Levies Force---Powers of the President and Provincial Governor for making law for the area, which was different from prevailing in the rest of the country---Scope---Petitioners had challenged the advertisement inviting application for recruitment whereby appointments of Federal Levies Force were being made by the Provincial Government---Grievance of the petitioners was that appointments were being made on the basis of Instructions of 1954 issued by the Federal Government in conflict with the constitutional guarantees enshrined in Arts.25, 27 & 33 of the Constitution---Non-availability of service rules of the Federal Levies Force---Effect---Federal and Provincial governments could not rebut the contention of the petitioners and sought disposal of the matter on the basis of 'Proposed Recruitment Criteria for Federal Levies'---Validity---Law enforcement agencies in Balochistan were faced with the acute shortage of manpower in a time when the whole Province was being faced with the menace of terrorism---Province of Balochistan was the largest Province of the country and was presently engulfed by a severe level of militancy---Militants and terrorist groups' continuous murderous attempts, bomb blasts, target killings and threats published in various prominent newspapers and through electronic media, including pamphlets had created severe panic and a sense of insecurity in the whole Province and said facts had led to an extra-ordinary situation which demanded extra-ordinary measures to be taken---Pumping of fresh blood in the shape of recruiting youth in Federal Levies Force could be a very productive step, which on the one hand would ameliorate the worse law and order situation in the province and on the other hand would provide bread and butter to the jobless youth of Balochistan---No relevant rules and regulations being in existence in the Province of Balochistan, as a stop-gap arrangement, the Provincial Government was allowed by High Court to make the recruitment on the basis…
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