| Citation(s) |
| 1998 SLG 545 1998 SLD 545 = 1998 SCMR 2013 |
Supreme Court of Pakistan
Civil Appeals Nos. 162 and 163 of 1995, decision dated:8-05-1998
AJMAL MIAN, C.J., MUHAMMAD BASHIR, JEHANGIRI AND SH. RIAZ AHMAD, JJ
Abdul Samad Khan, Advocate-on-Record for Appellants (in Civil Appeal No. 162 of 1995). S. Safdar Hussain, Advocate-on-Record (absent) for
Respondents (in Civil Appeal No. 162 of 1995). Muhammad Azam Khan, Advocate-General, N.W.F.P. instructed by Haji M.A.
SIDDIQ AKBAR, A.S.I. and othersvsSANDBAR KHAN, A.S.I. and othersCivil Appeal No. 163 of 1995INSPECTOR-GENERAL OF POLICE, N.-W.F.P. and anothervsSANDBAR KHAN, A.S. I. and others
Law: Police Act, 1861
Section: 12
Law: Police Rules, 1934
Section: 1.2
(a) Police Act (V of 1861)----S. 12---Police Rules, 1934, R. 1.2---Standing Order 11 of 1987---Power of Inspector-General to make rules---Such power of Inspector-General is subject to the "approval" of the Provincial Government---Word "approval" occurring in S. 12, Police Act, 1861---Connotation---Merely because a Standing Order issued by the Inspector-General has held the ground for a number of years is not sufficient to assume the grant of "approval" of the issuance of the Standing Order by the Provincial Government---Standing Order 11 of 1987 issued by Inspector-General of Police having not been approved by the Provincial Government is devoid of its legal status and is, therefore, of no legal authority--�Fact that Standing Order II of 1987 was issued with a view to bring about "efficiency and honesty" in the police force by itself, would not absolve the Inspector-General from getting approval of the Provincial Government.--�[Words and phrases].Under section 12 of the Police Act, the Inspector-General of Police may, from time to time, and subject to the approval of the Provincial Government, frame such orders and rules as he deems expeditious relating to the organisation, classification and distribution of police force and for rendering such force efficient in the discharge of its duty. The word 'approval' occurring in section 12 of the Act implies the act of passing , the use of discretion, and a determination as a deduction therefrom, to confirm, ractify, sanction or to consent to some act or thing done by the Inspector-General of Police. The word 'approval' implies exercise of sound , practical sagacity, wise discretion and final direct affirmative action. Merely because a Standing Order has held the ground for a number of years is not sufficient to assume the grant of 'approval' of the issuance of the Standing Order by the Provincial Government. Standing Order No. II issued by the Inspector-General of Police having not been approved by the Provincial Government was devoid of its legal status and was, therefore, of no legal authority. [p. 2019] CInterpretation of Statutes` by N. S. Bindra, 7th Edn. (1984) Chap. XXXIII; p.1038; Shakir Husain…
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