| Citation(s) |
|---|
| 2016 SLG 383 2016 SLD 383 2016 PLD 1 |
Sindh High Court
Constitutional Petitions Nos. D-1454, D-1449, D-1847, D-1946 of 2014 and Criminal Miscellaneous Application No. D-402 of 2014, decided on 27th May, 2015.
MUNIB AKHTAR AND MUHAMMAD IQBAL KALHORO, JJ
Taj Muhammad Kaimkhani, Irshad Ali Khoso and Ahmed Ali Jarwar for Petitioners/Applicant in respective matters.
Constitutional Petitions Nos. D-1454, D-1449, D-1847, D-1946 of 2014 and Criminal Miscellaneous Application No. D-402 of 2014, decided on 27th May, 2015.
MUNIB AKHTAR AND MUHAMMAD IQBAL KALHORO, JJ
Taj Muhammad Kaimkhani, Irshad Ali Khoso and Ahmed Ali Jarwar for Petitioners/Applicant in respective matters.
QAIM
VS
FEDERATION OF PAKISTAN and others
Law: Constitution of Pakistan, 1973
Section: 185(3)
Law: Criminal Procedure Code (V of 1898)
Section: 382B
Law: Pakistan Air Force Act, 1953
Section: 164
(a) Words and phrases--- ----"Obeisance"---Connotation---"Obeisance" means respectfulness of manner or bearing; deference; homage; submission. Shorter Oxford English Dictionary, 6th Ed., 2007, Vol. II, p.1968 rel. (b) Constitution of Pakistan--- ----Art. 185(3)---Leave granting/refusing order---Scope---Such order is very highly persuasive and such observations must ordinarily be followed---High Court should not in normal course regard itself as free to take some other view, unless some exceptional circumstances exist for adopting different view. Muhammad Tariq Badr and another v. National Bank of Pakistan and others 2013 SCMR 314; University of Health Sciences and others v. Mumtaz Ahmed and another 2010 SCMR 767; Province of Punjab and others v. Muhammad Saleem and others PLD 2014 SC 783; Ch. Fayyaz Ahmed v. Mst. Hidayat Begum and 21 others 1997 SCMR 1393 and Fateh Ali Khan v. Subedar Muhammad Khan 1970 SCMR 238 ref. (c) Pakistan Army Act (XXXIX of 1952)--- ----S. 59---Pakistan Air Force Act (VI of 1953), S.164---Criminal Procedure Code (V of 1898), S.382-B---Constitution of Pakistan, Arts.189 & 199---Constitutional petition---Pre-conviction custody---Benefit---Petitioners were convicted under Pakistan Army Act, 1952 and Pakistan Air Force Act, 1953, who sought benefit of their pre-conviction custody---Validity---High Court directed Jail authorities to prepare a fresh jail roll for each petitioner in which pre-conviction period of custody would be taken into consideration---High Court further directed that once petitioners served out period of detention as so computed petitioners would be set at liberty---Petition was allowed in circumstances. Nizamuddin v. The State PLD 2014 Sindh 248; Manthar alias Manoo v. Federation of Pakistan Cr. Misc. Application No.D-104 of 2014 and Shah Hussain v. The State PLD 2009 SC 460 fol. Abdul Ghani v. Federation of Pakistan (C.P. D-1345/2012); Nabi Dad v. Registrar Court of Appeals Judge Advocate General's Department PLD 2009 Quetta 27; Sajid lqbal v. Superintendent of Jail, Adiyala Rawalpindi and others 2011 YLR 283; Abdul Karim and others v. Federation of Pakistan and others 2011 YLR 1572; Shahid Mahmood v. The State and…
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