Case Details

Citation(s)
2018 SLG 501 2018 SLD 501 2018 PLD 50
Lahore High Court
Writ Petition No. 17025-Q of 2016, decision Date : 12-01-2017.
AHMAD RAZA GILANI, JUSTICE
James Joseph for Petitioner. Abdul Wadood, Deputy Prosecutor-General with Ghulam Abbas S.I. for the State.

MUHAMMAD FARRUKH SAIF

VS

HE STATE AND 2 OTHERS

Law:

Section:

(a) Punjab Security of Vulnerable Establishments Ordinance (I of 2015)--- ----Ss. 9 & 14(1)---Constitution of Pakistan, Art.199---Constitutional petition---Quashing of FIR---Abuse of authority---Petitioner was aggrieved of FIR registered against him under the provisions of S.14(1) of Punjab Security of Vulnerable Establishments Ordinance, 2015---Validity---Duty was placed under S.9 of Punjab Security of Vulnerable Establishments Ordinance, 2015, upon Station House Officer of Police Station to inspect any 'vulnerable establishment' and submit his report to Chairperson of Security Advisory Committee under intimation to the Head of the District Police---Function of such committee started thereafter and in case Manager of 'vulnerable establishment' was found not complying with directions of the Committee to ensure its safety, penal actions were recommended against the delinquent---Foremost duty of Court was to safeguard life and liberty of a person as mandated under the Constitution---First Information Report was quashed by High Court where there was sheer abuse of authority by police officials---Constitutional petition was allowed in circumstances. Province of Punjab through District Coordination Officer, Okara and others v. Market Committee, Okara through Chairman/Secretary 2011 SCMR 1856; Muhammad Zahid Iqbal and others v. D.E.O, Mardan and others 2006 SCMR 285 and Emperor v. Khawaja Nazir Ahmad AIR (32) 1945 PC 18 ref. (b) Interpretation of statutes- ----Special and general law---Scope---When a special law is enacted for a particular purpose, it should be acted and followed in the manner that is helpful in the implementation of that law in letter and spirit. THIS ORDER PASSED BY: AHMAD RAZA GILANI, JUSTICE:---.--- Through the instant petition, the petitioner has invoked the constitutional jurisdiction of this court under Article 199 of the Constitution of Islamic Republic of Pakistan 1973, seeking therein quashment of FIR No. 604 dated 12.11.2016 Police Station Jatoi, District Muzaffargarh, registered under section 14(I) of The Punjab Security of Vulnerable Establishments Ordinance 2015, promulgated to provide for effective security arrangements of…
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