Law:

Section:

(a) Constitution of Pakistan-------Art.199---Civil Procedure Code (V of 1908), O.XX, R.1(2)---Constitutional petition---Announcement of by High Court after six months of hearing the arguments of parties---Validity---Provisions of O. XX, R.1(2), C. P. C., were directory, but not mandatory---High Court, after considering contentions of petitioner had dismissed petition with cogent reasons---No prejudice was shown to have been caused to petitioner by announcing after such delay---Supreme Court upheld impugned in circumstances. Muhammad Bakhsh's case 1989 SCMR 1473; Juma Khan's case PLD 2002 SC 823; Samiul Haq's case 2001 SCMR 1053; Ali Khan Subanpoto's case 1997 SCMR 1590; Raja Hamayun Sarfraz Khan's case2007 SCMR 307; Syed Iftikhar-ud-Din Haider Gardezi's case 1996 SCMR 669 and Muhammad Ovais's case 2007 SCMR 1587 rel. (b) Administration of justice--- ----Every case is to be decided on its own peculiar circumstances and facts. (c) Police Act (V of 1861)--- ----S. 12---Instructions/rules/policy issued by Inspector-General of Police without approval of Provincial Government---Validity---Such instructions/rules would not be valid and would have no legal sanctity---Long practice of department to follow such instructions/rules conflicting with parent statute or rules could not remain operative, but must be ignored---No one would be obliged to obey such directions/instructions/departmental practice---Principles. Qayyum Nawaz Khan's case 1999 SCMR 1594 ref. Siddiq Akbar's case 1998 SCMR 2013 rel. (d) Locus poenitentiae, principle of--- ----Award of benefit to a person in violation of law would not attract principle of locus poenitentiae. Jalaluddin's case PLD 1992 SC 207 fol. (e) Interpretation of statutes--- ----Departmental construction of statute, though not binding on court, could be taken into consideration, if same was followed by department consistently. Siddiq Akbar's case 1998 SCMR 2013 rel. (f) Interpretation of statutes--- ----Conflict between departmental practice/instructions/directions and rules---Effect---Rules would prevail---Principles. The role of the directions/instructions is to supplement, never to contradict or conflict with rules. A…

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