| Citation(s) |
|---|
| 2024 SLG 4 2024 SLD 4 2024 PTD 32 |
Lahore High Court, Rawalpindi Bench, Rawalpindi
Writ Petition No.1938 of 2023, heard on 19th September,2023. Date of hearing: 19th September, 2023.
PRESENT: JAWAD HASSAN, JUSTICE
Tanveer Iqbal, Advocate Supreme Court and Barrister Usama Tanveer Iqbal for Petitioner with Rizwan Ali Sayal, Petitioner.Malik Muhammad Siddique Awan, Additional Attorney General along with Arshad Mahmood Malik, Assistant Attorney General, Barrister Asf
Writ Petition No.1938 of 2023, heard on 19th September,2023. Date of hearing: 19th September, 2023.
PRESENT: JAWAD HASSAN, JUSTICE
Tanveer Iqbal, Advocate Supreme Court and Barrister Usama Tanveer Iqbal for Petitioner with Rizwan Ali Sayal, Petitioner.Malik Muhammad Siddique Awan, Additional Attorney General along with Arshad Mahmood Malik, Assistant Attorney General, Barrister Asf
RIZWAN ALI SAYAL
VS
FEDERATION OF PAKISTAN AND OTHERS
Law:
Section:
(a) Words and phrases--- ----Aetiology---Connotation---Aetiology means investigation or attribution of case or reason for something often expressed in terms of historical or mythical explanation. (b) Public functionaries--- ----Appointment---Fitness to hold public office---First Information Report, registeration of---Acquittal on basis of compromise---Mere registration of FIR against any person cannot be used as a definitive test to label him as having a bad character---All acquittals including acquittal on compromise are honorable for the reason that prosecution does not succeed to prove its case against accused on the strength of evidence of unimpeachable character---There can be no acquittals, which may be said to be dishonorable---Law has not drawn any distinction between any types of acquittals. Jawad Ahmad Mir v. Prof. Dr. Imtiaz Ali Khan, Vice-Chancellor, University of Swabi, District Swabi, Khyber Pakhtunkhwa and others 2023 SCMR 162; Mumtaz Ali Shah v. Chairman, Pakistan Telecommunication Company Ltd., H.Q., Islamabad and 6 others PLD 2002 SC 1060 and (Suo Motu Case No. 03 of 2017) PLD 2018 SC 703 rel. (c) Income Tax Ordinance (XLIX of 2001)--- ----S. 130(3)---Constitution of Pakistan, Art. 199---Constitutional petition---Quo warranto---Appellate Tribunal Inland Revenue---Judicial Member, appointment of---Pre-conditions---Involvement in criminal case---Effect---Petitioner assailed appointment of respondent as Member Judicial in Appellate Tribunal Inland Revenue on the ground that an FIR was registered against him---Validity---No restrictions or conditions were provided under S. 130(3) of Income Tax Ordinance, 2001 relating to character verification during probationary period of respondent---Mere involvement of a candidate in any criminal case/FIR was not sufficient to bring any clog for appointment of respondent as a Judicial Member of Appellate Tribunal Inland Revenue---Respondent was never adjudged as guilty of the charges, rather complainant of that case had entered into a compromise with him and he was acquitted on the basis thereof---No other occasion, besides registration of one FIR pertaining to any criminal liability of respondent was brought…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492