The best Side of pld case laws
The best Side of pld case laws
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Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 1479/2024 (S.B.) Mst. Shir Bano and another V/S Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252214 Tag:Primarily, this is really a free and democratic place, and once a person becomes a major he or she can marry whosoever he/she likes; Should the parents with the boy or Female never approve of such inter-caste or interreligious marriage the utmost they're able to do if they can cut off social relations with the son or perhaps the daughter, However they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes these types of inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Woman who's major undergoes inter-caste or inter-religious marriage with a woman or person that is a major, the pair is neither harassed by anybody nor subjected to threats or acts of violence and anybody who provides this sort of threats or harasses or commits acts of violence possibly himself or at his instigation, is taken to endeavor by instituting criminal proceedings from the police against these types of persons and further stern action is taken against this kind of person(s) as provided by regulation.
The a good amount of this power casts an obligation over the police and it must bear in mind, as held by this Court that if a person is arrested to get a crime, his constitutional and fundamental rights must not be violated. However it is made distinct that police is free to consider action against any person who is indulged in criminal activities subject to law. 8. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two weeks, address the alleged police misconduct. In the event the officials are found culpable, departmental proceedings for their punishment must be initiated, and they shall be assigned non-subject duties within the interim period. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 113 Order Date: 08-APR-25 Approved for Reporting WhatsApp
thirteen. The Supreme Court has held that once the act of misconduct is proven as well as the employee is found guilty after because of process of law, it's the prerogative in the employer to decide the quantum of punishment, out of the varied penalties provided in legislation. The casual or unpremeditated observation that the penalty imposed isn't proportionate with the seriousness of your act of misconduct is just not suitable although the order must show that the competent authority has applied its mind and exercised the discretion within a structured and lawful manner. Read more
However it is actually made very clear that police is free to choose action against any person who is indulged in criminal activities matter to regulation. However no harassment shall be caused towards the petitioner, if she acts within the bonds of regulation. Police shall also ensure respect with the family drop in accordance with legislation and should they have reasonable ground to prevent the congnizable offence they are able to act, as far as raiding the house is concerned the police shall protected concrete evidence and procure necessary permission from the concerned high police official/Magistrate for a issue of security of the house is concerned, which just isn't public place under the Act 1977. nine. Contemplating the aforementioned details, the objective of filing this petition has actually been accomplished. get more info For that reason, this petition is hereby disposed of in the terms stated higher than. Read more
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This Court could interfere where the authority held the proceedings against the delinquent officer within a way inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the conclusion or finding attained through the disciplinary authority is based on no evidence. Should the summary or finding is such as no reasonable person would have ever arrived at, the Court may perhaps interfere with the summary or perhaps the finding and mould the relief to really make it acceptable on the facts of every case. In service jurisprudence, the disciplinary authority is the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-appreciate the evidence or maybe the nature of punishment. On the aforesaid proposition, we are fortified by the decision of your Supreme Court in the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 337 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
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Therefore, this petition is found to get not maintainable and is particularly dismissed along with the pending application(s), along with the petitioners may perhaps find remedies through the civil court process as discussed supra. Read more