Case Details

Citation(s)
2021 SLG 621 2021 SLD 621 2021 SCMR 474
Supreme Court of Pakistan
Civil Appeals Nos. 754 and 755 of 2020, decided on 13th January, 2021, Date of hearing: 13th January, 2021. (Against the order Dated 27.11.2018 passed by the Lahore High Court, Lahore in Writ Petitions Nos. 206815 and 180175 of 2018)
IJAZ UL AHSAN, JUSTICE
Petitioner(s) by: Malik Saleem Iqbal Awan, Advocate Supreme Court (via video link from Lahore) and Syed Rifaqat H. Shah, Advocate-on-Record (in both cases).
Respondent(s) by: Syed Wajid Ali Shah Gillani, Additional A.G. Punjab, M. Sajid Bashir, Deputy Se

SHAKEEL AHMAD ZAIDI AND OTHERS

VS

SECRETARY, HIGHER EDUCATION, GOVERNMENT OF PUNJAB, LAHORE AND OTHERS

Law:

Section:

ORDER QAZI MUHAMMAD AMIN AHMED, J.--- Jamal Khan, petitioner, is in contest over a piece of land with rival claimants; they relied upon an arbitration agreement, purportedly executed way back on 2.2.2000; according to him, the instrument is fake as he never thumb marked any such agreement and, thus, the respondents were liable to be prosecuted for forgery and fraud. After his failure with the local police, the petitioner approached a Justice of Peace albeit with no better fate; a learned Division Bench of the High Court of Balochistan declined to issue a direction for registration a criminal case on the ground that prima facie the dispute inter se the parties was of civil nature as both sides were asserting their divergent claims on a common land. Inordinate delay and availability of alternate remedies were other considerations that weighed with the High Court. 2. Learned counsel for the petitioner contends that accusation disclosed commission of a cognizable offence and as such a statutory duty was cast upon the Station House Officer to register a formal First Information Report so as to investigate the same and his failure was amenable to interference. 3. Heard. 4. Be that as it may, at the center of controversy is a thumb impression on an arbitration agreement being attributed to the petitioner, however, repudiated by him as forge. Report submitted by the police does not support petitioners claim and there is consensus that both sides are locked in a dispute of civil nature. Against the above peculiar backdrop, refusal by the Justice of Peace to issue direction to the Station House Officer and non-interference by the High Court therewith do not suffer from any jurisdictional error or flaw calling for intervention by this Court. Petition fails. Leave declined. ORDER GULZAR AHMED, C.J.--- The Appellants were employed as Instructors in Technical Education and Vocational Training Authority (TEVTA) and were absorbed in the Higher Education Department (HED) vide notification dated 28.07.2015. The HED through notification dated 07.06.2008 allowed a special allowance of Rs.4000/- per month to contract Lecturers appointed in the years 2002 and 2005 and posted at…
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