Latest Judgments

Newly reported judgments from the Supreme Court of Pakistan, the High Courts and tribunals, added as they are processed — free, full text, updated daily. Judgments marked NEW were added in the most recent update. 37,514 judgments in total from the Supreme Court of Pakistan.

• Janab Ali Versus State2022 SCMR 1323 · Supreme Court of Pakistan · 2022-05-12
  post-arrest bailhonour killingwomen investigationfurther inquirycriminal jurisprudence
  Summary & questions settled

  This matter arises from a petition for leave to appeal filed by Janab Ali against the refusal or pendency of bail, wherein the petitioner and his co-accused were implicated in the murder of a 37-year-old woman on the pretext of honour. The core legal question concerned whether the petitioner was entitled to post-arrest bail under the facts and circumstances of the case, involving circumstantial evidence, forensic findings, and disputed roles of the accused. The Supreme Court converted the petition into an appeal and allowed it, granting bail to the petitioner on the ground that his case fell within the scope of further inquiry under the criminal procedure, considering factors such as single-firearm recovery, lack of weapon recovery from the petitioner, and his advanced age. The Court laid down key principles emphasizing the necessity of associating lady police officers in investigations involving female complainants or witnesses, scrutinizing motives behind honour killings, and ensuring rigorous investigation standards to protect women from unsubstantiated slanders.

  Questions settled

  • When is an accused entitled to post-arrest bail on the ground of further inquiry in a murder case?
  • Whether the absence of weapon recovery and forensic consistency can form a basis for granting bail?
  • What measures ought to be adopted by law enforcement agencies for the effective investigation of crimes against women committed on the pretext of honour?
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• Commissioner Inland Revenue, Peshawar Versus Pakistan Tobacco Company (Ltd.), Islamabad2022 SCMR 1251 · Supreme Court of Pakistan · 2022-05-31
  sales taxtaxable suppliesTribal AreasArticle 247show cause noticetax liabilitystatutory interpretation
  Summary & questions settled

  This matter concerns two appeals regarding the imposition of additional sales tax under Section 3(1A) of the Sales Tax Act, 1990, on supplies made by taxpayers located in Pakistan to recipients in the erstwhile Tribal Areas (FATA/PATA) during specific tax periods. The core legal question was whether such supplies were taxable "in Pakistan" given that the Sales Tax Act, 1990, had not been extended to the Tribal Areas under Article 247 of the Constitution of Pakistan 1973. The Supreme Court dismissed the appeals, holding that the department failed to establish that the transactions constituted taxable supplies "in Pakistan." The Court emphasized that the definition of "supply" under the Act required a factual determination of where the sale occurred. Because the show cause notices lacked specific allegations and the record contained no findings confirming the supplies were made "in Pakistan," the tax demand was unsustainable. The principle laid down is that the mere location of the supplier within Pakistan is insufficient to attract tax liability; the department must factually establish that the taxable event occurred within the jurisdiction where the Act was applicable.

  Questions settled

  • Does the mere location of a supplier in Pakistan satisfy the requirement that a taxable supply must be made 'in Pakistan' under the Sales Tax Act, 1990?
  • Is a show cause notice legally sufficient if it fails to allege the factual basis for the taxability of supplies made to the erstwhile Tribal Areas?
  • Does the definition of 'supply' under the Sales Tax Act, 1990, require a factual determination of the place of sale to establish tax liability?
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• Ali Raza Versus State2022 SCMR 1245 · Supreme Court of Pakistan · 2022-03-21
  post-arrest bailfurther inquirymurderous assaultfirearm injurydelay in FIRnon-vital partcriminal appeal
  Summary & questions settled

  This matter comes before the Supreme Court of Pakistan via a petition for leave to appeal under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973, seeking post-arrest bail in a criminal case registered under sections 324, 440, 148, 149, and 109 of the Pakistan Penal Code 1860. The core legal questions involve whether discrepancies between the alleged weapon and the medical evidence regarding the injury, delayed FIR registration, lack of weapon recovery, and firing at a non-vital part constitute grounds for further inquiry under section 497(2) of the Code of Criminal Procedure 1898. The Supreme Court converted the petition into an appeal, allowed it, and set aside the High Court's order, granting post-arrest bail to the petitioner. The ratio laid down is that where the dimensions of an injury suggest it was caused by a pellet rather than the alleged firearm, and the accused fired a single shot at a non-vital part without repetition, a case for further inquiry under section 497(2), Cr.P.C. is made out, entitling the accused to bail.

  Questions settled

  • Does a discrepancy between the weapon alleged in the FIR and the medical dimensions of the injury justify granting post-arrest bail under the principle of further inquiry?
  • Whether firing a single shot at a non-vital part of the body without repetition creates doubt regarding the intention to kill at the bail stage?
  • Can an inordinate and unexplained delay in lodging the FIR serve as a ground for granting bail to an accused?
  • Is the liberty of a person guaranteed under the Constitution sufficient to tilt the balance in favor of granting bail when allegations are doubtful?
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• Muhammad Iftikhar Abbasi Versus Mst. Naheed Begum2022 SCMR 1074 · Supreme Court of Pakistan · 2022-02-11Read full judgment →
• Niamatullah Khan Versus Federation of Pakistan2022 SCMR 105 · Supreme Court of Pakistan · 2021-06-14
  encroachment removalpublic amenity plotsPakistan Railways landurban planningpublic interest litigationwater supply managementjudicial review
  Summary & questions settled

  This matter involves various miscellaneous applications concerning urban encroachment, the protection of public amenity plots, and the management of public utilities in Karachi. The core legal questions address the legality of commercial encroachments on public land, the unauthorized alienation of Pakistan Railways' property, and the failure of public authorities to ensure essential service delivery. The Court held that all interim stay orders regarding encroachment suits on Gujjar and Orangi Nalas are vacated, mandating the clearance of these lands. It ordered the immediate demolition of commercial structures within public parks, including Aladin Park and Kidney Hill Park, directing their restoration for public use. Furthermore, the Court established that Pakistan Railways' land cannot be sold, leased, or transferred to private entities and must be reserved strictly for operational purposes. The judgment underscores the principle that public amenity lands and state assets must be preserved for their designated functions, with the state bearing an affirmative duty to ensure efficient administration and the protection of public interests against commercial exploitation.

  Questions settled

  • Can public amenity plots, such as parks and playgrounds, be converted for commercial use?
  • Is the sale, lease, or transfer of Pakistan Railways' land to private individuals or entities permissible?
  • Does the Supreme Court have the authority to vacate interim stay orders granted by an Anti-Encroachment Tribunal?
  • What is the scope of the state's obligation regarding the management and operational integrity of Pakistan Railways?
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• Director General, National Savings Central Directorate of National Saving 32-N Sector G-6, Islamabad Versus Muhammad Sultan2021 SCMR 97 · Supreme Court of Pakistan · 2019-04-17
  civil servantsabsorptiondevolutionpromotion channelregularizationFederal Service Tribunal
  Summary & questions settled

  This civil appeal by the Director General of National Savings challenges the judgment of the Federal Service Tribunal, which had directed the authorities to re-designate the respondents or frame recruitment rules to provide a promotion channel for them. The respondents were originally appointed on contract in a devolved ministry and subsequently transferred and permanently absorbed into the Central Directorate of National Savings following the 18th Constitutional Amendment. The core legal question was whether these absorbed employees, regularized under a cabinet committee's recommendations without regular induction through the Federal Public Service Commission, are entitled to a career channel of promotion, and whether the Tribunal exceeded its jurisdiction in ordering the framing of recruitment rules or re-designation. The Supreme Court held that while the respondents acquired civil servant status and job security upon absorption subject to specific conditions prohibiting cadre change, they do not automatically enjoy all fruits of regular recruitment unless qualified under an appropriate framework. The Court partially allowed the appeal, ruling that the authorities must establish a proper legal framework or criteria for promotion consideration, but without altering the binding terms of the respondents' initial absorption.

  Questions settled

  • Whether employees absorbed into government service following the devolution of ministries under the 18th Constitutional Amendment are entitled to a career channel of promotion?
  • Can the Federal Service Tribunal direct authorities to frame recruitment rules or re-designate posts to accommodate absorbed employees?
  • Does permanent absorption of contract employees without initial regular process confer all rights and fruits guaranteed under the Civil Servants Act 1973?
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• State Versus Ahmed Omar Sheikh2021 SCMR 873 · Supreme Court of Pakistan · 2021-01-28
  abduction for ransomcriminal conspiracyjudicial confessionbenefit of the doubtanti-terrorismretracted confessionlast seen evidenceillegal detentionelectronic evidence
  Summary & questions settled

  This criminal appeal by the State and petitions by the parents of Daniel Pearl challenge the acquittal of three co-accused and the setting aside of the death sentence of Ahmed Omar Sheikh by the High Court of Sindh, which had convicted him solely under section 362 of the Pakistan Penal Code 1860. The core legal questions involve the evaluation of criminal conspiracy, the voluntariness of judicial confessions, the reliability of last-seen evidence and video recordings, and the legal requirements for establishing abduction for ransom under anti-terrorism laws. A majority of the Supreme Court of Pakistan held that the prosecution failed to prove its case beyond reasonable doubt due to severe investigative flaws, illegal detentions, inadmissible confessions, and tainted recoveries, thereby maintaining the acquittals and setting aside the conviction of Ahmed Omar Sheikh. The key legal principles laid down include that a conviction cannot be sustained on doubtful circumstantial evidence, that retracted confessions obtained during illegal detention lacking statutory safeguards are involuntary and irrelevant, and that video and digital evidence must strictly adhere to forensic verification rules.

  Questions settled

  • Can a retracted judicial confession recorded after prolonged illegal police custody be deemed voluntary under Article 37 of the Qanun-e-Shahadat Order 1984?
  • Whether the unverified video recording of a murder scene without forensic analysis and disclosure of source is admissible in evidence?
  • Is section 362 of the Pakistan Penal Code 1860 a penal provision carrying a substantive sentence of imprisonment?
  • Does the sole statement of a co-conspirator suffice to prove criminal conspiracy under section 120-A of the Pakistan Penal Code 1860 without independent corroboration?
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• Human Rights Commission of Pakistan Versus Federation of Pakistan through Ministryof Education2021 SCMR 863 · Supreme Court of Pakistan · 2021-02-15
  Evacuee Trust Property BoardKatas Raj TemplePrahlad Mandir MultanKarak Samadhiminority religious sitesETPB propertiesOne Man Commissionhuman rights
  Summary & questions settled

  This order of the Supreme Court of Pakistan arises in the context of human rights proceedings concerning the protection, maintenance, and restoration of minority religious sites across Pakistan. The Court addressed financial issues regarding the reconstruction of the Karak Samadhi, directing the submission of accounts to the Evacuee Trust Property Board (ETPB). Regarding pending criminal cases from the Karak incident, the Advocate General of Khyber Pakhtunkhwa assured the Court that trial proceedings would continue expeditiously. The Court issued strict directives to the Chief Secretary of Punjab for non-compliance regarding the restoration of Prahlad Mandir in Multan. Furthermore, the Court ordered the Federal Government to issue a notification reverting the management of Katas Raj Temple Complex back to the ETPB pursuant to the Evacuee Trust Properties (Management and Disposal) Act, 1975. Finally, the Court ruled that ETPB properties cannot be utilized for its own employees or sold/transferred, directing full transparency and accounting regarding all existing leases.

  Questions settled

  • Can the Evacuee Trust Property Board utilize its trust properties for the personal benefit of its own employees or sell them?
  • Whether management of a religious trust property transferred to a provincial government reverts to the Evacuee Trust Property Board once the purpose of transfer is fulfilled?
  • What is the obligation of public officials to comply with Supreme Court directions regarding the restoration of minority worship places?
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• Muhammad Ashraf Versus State2021 SCMR 758 · Supreme Court of Pakistan · 2020-10-13
  criminal appealocular evidencemurder convictionwitness credibilityappreciation of evidenceconcurrent findingssafe administration of criminal justice
  Summary & questions settled

  This criminal petition for leave to appeal challenged the conviction of the petitioner for the murder of his brother-in-law, Mehboob Ali, who was shot dead while sleeping. The petitioner was convicted under sections 302 and 449 of the Pakistan Penal Code, 1860, by the trial court, with the sentence upheld by the High Court of Balochistan. The core legal question was whether the ocular evidence provided by the prosecution witnesses was credible, given the defense's arguments regarding the unseen nature of the occurrence, the delay in reporting, and the lack of recovery from the petitioner. The Supreme Court held that the prosecution witnesses, who were inmates of the premises, provided consistent and confidence-inspiring testimony. The Court rejected the hypothesis of mistaken identity or substitution, noting the witnesses had no motive to falsely implicate the petitioner. The Court affirmed that the delay in reporting was justified by the geographical distance and communication constraints in the region. Consequently, the Court dismissed the petition, finding no grounds to interfere with the concurrent findings of the lower courts.

  Questions settled

  • Does a delay in reporting an incident to the police, caused by geographical distance and communication constraints, necessarily render the prosecution's case suspicious?
  • Can the testimony of witnesses who are relatives of the deceased be considered credible in a murder trial if there is no evidence of a motive to falsely implicate the accused?
  • Does the failure to recover a weapon from an accused during physical remand automatically entitle them to an acquittal in a murder case?
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• Ali Asjad Malhi Versus Ms. Syeda Nosheen Iftikhar M. Shahzad Shoukat , Ghulam Mustafa Kandwal2021 SCMR 726 · Supreme Court of Pakistan · 2021-03-16
  bye-electionElection Commission of Pakistanre-pollcorrupt practiceselection irregularitiesjurisdiction of ECP
  Summary & questions settled

  This matter arises from a challenge to the Election Commission of Pakistan's ("ECP") judgment declaring the entire bye-election of NA-75, Sialkot-IV null and void following widespread irregularities, violence, intimidation, and missing presiding officers on polling day. The core legal question concerns the standard of proof, quantum of evidence, scale, and severity of violations required for the ECP to order a re-poll in an entire constituency under Article 218(3) of the Constitution and Section 9 of the Elections Act, 2017, as compared to an Election Tribunal. The Court observed that the ECP's executive and quasi-judicial powers under Section 9 operate within a limited timeframe and require examination regarding whether the annulment of the entire election was within jurisdictional parameters. The Court laid down that while the ECP is empowered to ensure fair elections, further analysis of the material on record is required to determine the benchmarks for grave illegalities warranting a whole versus partial re-poll. The case was adjourned for further arguments with a direction to the ECP to provide a mapped chart of the constituency.

  Questions settled

  • What standard of proof, quantum of evidence, scale and severity of violations of law will warrant a re-poll in the entire constituency?
  • Whether the benchmarks laid down by the law for the Election Tribunal to annul an election and order a re-poll apply strictly to the ECP under Section 9 of the Elections Act, 2017?
  • What transgressions on the polling day could constitute grave illegalities or violations calling for a fresh rather than a partial re-poll?
  • In what situations would non-pervasiveness of the illegalities or violations committed on polling day still attract the same result?
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• Administrator Municipal Corporation, Peshawar Versus Taimur Hussain Amin Syed Rifaqat Hussain Shah2021 SCMR 714 · Supreme Court of Pakistan · 2021-03-15Read full judgment →
• Mst. Samina Riffat Versus Rohail Asghar2021 SCMR 7 · Supreme Court of Pakistan · 2020-05-04Read full judgment →
• Muhammad Hanif Versus State2021 SCMR 684 · Supreme Court of Pakistan · 2020-12-01
  murdercircumstantial evidencebenefit of the doubtmedical evidencecriminal appealacquittal
  Summary & questions settled

  This criminal appeal arises from the conviction of the appellant under Section 302(b) of the Pakistan Penal Code 1860 for the murder of an elderly woman, which was maintained by the Federal Shariat Court. The core legal question concerns the sufficiency and reliability of circumstantial evidence and prosecution witnesses in establishing guilt beyond reasonable doubt, particularly following the acquittal on the charge of carnal assault and unexplained absences of household members. The Supreme Court of Pakistan allowed the appeal, set aside the lower court judgments, and acquitted the appellant. The Court laid down the principle that when the foundational motive collapses, prosecution witnesses' testimony is undermined by physical and medical improbabilities, and the circumstances are fraught with reasonable doubt, the benefit of the doubt must be extended to the accused.

  Questions settled

  • Whether the failure of the prosecution on a primary charge like rape undermines the foundational motive for a murder charge?
  • Can a conviction for murder be sustained on circumstantial evidence when the medical and physical evidence contradicts the timeline presented by eyewitnesses?
  • Is an accused entitled to the benefit of the doubt when the prosecution case is fraught with mindboggling circumstances and unexplained absences of key residents?
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• Muhammad Khaliq Mandokhail Versus Government of Balochistan through Chief Secretary, Civil Secretariat Quetta2021 SCMR 595 · Supreme Court of Pakistan · 2021-02-16
  service lawdate of birth correctionsuperannuationcivil servantservice recordmala fidelimitation period
  Summary & questions settled

  This petition for leave to appeal under Article 212(3) of the Constitution of Islamic Republic of Pakistan, 1973, challenged the Balochistan Service Tribunal's dismissal of the petitioner's request to correct his date of birth in service records. The petitioner, having joined service in 1992 with his date of birth recorded as 01.03.1959, sought to change it to 20.12.1963 after twenty-two years of service. The core legal question concerned the permissibility of altering a civil servant's date of birth after such a significant delay and the validity of the Board of Intermediate and Secondary Education's unilateral alteration of academic records based solely on an affidavit. The Supreme Court dismissed the petition, holding that the date of birth recorded at the time of joining service is final and cannot be altered after the two-year limitation period prescribed by Rule 11 of the Balochistan Civil Servants (Appointment, Promotion and Transfer) Rules, 2009, except for clerical errors. The Court emphasized that boards lack authority to alter birth dates without a declaration from a competent civil court and condemned the petitioner's attempt to prolong his service tenure as mala fide.

  Questions settled

  • Can a civil servant seek alteration of their date of birth in service records after the expiry of the two-year limitation period prescribed by the Balochistan Civil Servants (Appointment, Promotion and Transfer) Rules, 2009?
  • Is a Board of Intermediate and Secondary Education empowered to alter a candidate's date of birth in academic certificates based solely on an affidavit without a declaration from a competent civil court?
  • Does the date of birth recorded at the time of joining government service constitute the final date of birth for service purposes?
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• Ghulam Mustafa Versus State2021 SCMR 542 · Supreme Court of Pakistan · 2020-09-29
  criminal appealqatl-i-amdbenefit of the doubtocular accountdelayed FIRacquittalcorroboration
  Summary & questions settled

  This criminal appeal arises from a judgment of the High Court maintaining the appellant's conviction for Qatl-i-amd under Section 302(b) of the Pakistan Penal Code, 1860, while altering the death sentence to imprisonment for life. The core legal question concerns the safety of sustaining a conviction based on an ocular account that was disbelieved regarding the majority of the co-accused, coupled with unexplained delays in reporting, missing medical certificates, and uncorroborated testimony. The Supreme Court allowed the appeal, set aside the impugned judgments, and acquitted the appellant. The Court held that when the genesis of the incident is shrouded in doubt, prosecution evidence fails regarding motive and recovery, and eyewitness testimony is found unreliable as to other participants, it is unsafe to maintain a conviction, warranting the benefit of the doubt and immediate release of the accused.

  Questions settled

  • Can a criminal conviction be sustained when the prosecution evidence has been disbelieved regarding the majority of the co-accused without independent corroboration?
  • Does an unexplained delay in reporting the crime and an intriguing interregnum cast a shadow on the prosecution's case?
  • Whether the failure of the prosecution on motive and recovery undermines the entire ocular account of the incident?
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• Human Rights Case No. 318 of 1993 Versus2021 SCMR 512 · Supreme Court of Pakistan · 2020-12-14Read full judgment →
• Liberty Car Parking (Pvt.) Ltd. Versus Commissioner Inland Revenue (Ex-Commissioner of Income Tax/Wealth Tax), Lahore2021 SCMR 375 · Supreme Court of Pakistan · 2020-12-15
  wealth taxcorporate litigationjuristic personlocus standiprincipal officerratificationtechnical groundspleadings
  Summary & questions settled

  This matter concerns petitions for leave to appeal against a Lahore High Court judgment that dismissed the petitioner's Wealth Tax Appeals on technical grounds. The High Court had held that the appeals were not maintainable because they were not accompanied by a formal resolution of the Board of Directors authorizing the Chief Executive to file them. The core legal question was whether a company's appeal, signed by its Chief Executive Officer, is maintainable without an express Board resolution. The Supreme Court held that the High Court erred in dismissing the appeals on this technicality. Relying on established principles, the Court affirmed that a company, as a juristic entity, can authorize individuals to act on its behalf, and that the signing of pleadings by a 'Principal Officer'—defined under the Wealth Tax Act, 1963 to include a managing director or manager—constitutes sufficient compliance and express ratification by the company. Consequently, the Supreme Court set aside the impugned judgment and remanded the case to the High Court for a decision on the merits.

  Questions settled

  • Is an appeal filed by a company maintainable if signed by the Chief Executive Officer without a formal Board of Directors resolution?
  • Does the signing of pleadings by a 'Principal Officer' of a company constitute sufficient authorization under the Wealth Tax Act 1963?
  • Can a company ratify the act of its officer in signing pleadings through express or implied action?
  • Should tax appeals be dismissed on technical grounds regarding corporate authorization when the Principal Officer has signed the pleadings?
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• Province of Punjab through Secretary Excise and Taxation Department, Lahore Versus Murree Brewery Company Limited (MBCL)2021 SCMR 305 · Supreme Court of Pakistan · 2020-11-24
  misdescription of partiesmandatory and directory provisionssuit by or against governmentprocedural technicalityamendment of cause titleexport dutyintra-court appeal
  Summary & questions settled

  This matter arose from a constitutional petition challenging a notification issued by the Secretary Excise and Taxation, Government of the Punjab, levying export duty on goods manufactured by Murree Brewery Company Limited. The High Court declared the notification ultra vires and subsequently dismissed Intra-Court Appeals filed by the State on the ground that they were improperly instituted in the name of the Chief Secretary through the Secretary rather than the Province of Punjab, violating Section 79 of the Code of Civil Procedure, 1908 and Article 174 of the Constitution. Upon appeal, the Supreme Court examined whether Section 79 is mandatory and whether its non-compliance is fatal. The Supreme Court held that while Section 79 is generally mandatory regarding the proper impleadment of the government, an incorrect description or nomenclature in the cause title (such as naming a government functionary instead of the Province) amounts merely to a misdescription rather than a fatal defect. The Court ruled that procedural technicalities should not defeat substantive rights and that courts should actively permit the correction of such misdescriptions. The Supreme Court converted the petitions into appeals, allowed them, set aside the impugned judgment, and remanded the matter to the High Court for decision on merits.

  Questions settled

  • Whether Section 79 of the Code of Civil Procedure, 1908 is a mandatory or directory provision?
  • Does the institution of a suit or appeal in the name of a government functionary instead of the Province constitute a fatal defect or a mere misdescription?
  • Can courts permit the correction of a misdescription of parties under Section 153 and Order I Rule 10 of the Code of Civil Procedure, 1908?
  • Whether non-compliance with procedural requirements should result in the automatic dismissal of a proceeding where no prejudice is caused?
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• Muhammad Afzal Versus State2021 SCMR 289 · Supreme Court of Pakistan · 2020-10-08
  criminal petitionleave to appealmurderbenefit of doubtovert actocular accountappreciation of evidence
  Summary & questions settled

  This criminal petition for leave to appeal arises from a judgment of the Lahore High Court upholding the conviction of the petitioner, Muhammad Afzal, for murder. The core legal question involves the appreciation of evidence, the attribution of specific overt acts to the accused, and the application of the rule of doubt when co-accused persons are acquitted. The Supreme Court held that where the prosecution successfully establishes its case through consistent ocular testimony in a broad daylight occurrence with no chance of misidentification, and specific fatal overt acts are attributed to the petitioner, the conviction is maintainable notwithstanding the acquittal of co-accused. The Court laid down that mere mentioning of the rule of caution is insufficient to discard prosecution evidence without substantial material supporting the extension of the benefit of doubt.

  Questions settled

  • Whether the acquittal of a co-accused automatically entitles another accused to the benefit of doubt when specific fatal overt acts are proven against him?
  • Is mere mention of the rule of caution sufficient for an appellate court to discard prosecution evidence without substantial material?
  • Does a minor variation in explaining the motive in a private complaint vitiate an otherwise consistent ocular account of a murder?
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• Muhammad Nasir Shafique Versus State2021 SCMR 2092 · Supreme Court of Pakistan · 2021-09-23
  post-arrest baildishonoured chequeprohibitory clauseliberty of the subjectfinancial transactioncriminal liability
  Summary & questions settled

  This petition for leave to appeal challenged the Lahore High Court's order declining post-arrest bail to the petitioner in a case registered under Section 489-F of the Pakistan Penal Code 1860, involving an alleged dishonoured cheque. The core legal question was whether the petitioner was entitled to bail given the nature of the offence and the evidentiary gaps regarding the alleged financial transaction. The Supreme Court observed that the complainant failed to satisfactorily explain the mode of payment for the alleged debt, noting the absence of any written agreement or receipt for the substantial cash amount claimed. Furthermore, the Court highlighted that the offence carried a maximum sentence of three years, placing it outside the prohibitory clause of the relevant law. Emphasizing that the liberty of a person is a precious right and that bail is the rule rather than the exception for non-prohibitory offences, the Court held that the petitioner had made out a case for relief. Consequently, the petition was converted into an appeal, the impugned order was set aside, and post-arrest bail was granted.

  Questions settled

  • Is the grant of bail the rule and refusal the exception for offences falling outside the prohibitory clause?
  • Does the failure of a complainant to substantiate the mode of payment in a Section 489-F case constitute grounds for granting bail?
  • Can bail be granted when the maximum punishment for the alleged offence is three years?
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• Government of Khyber Pakhtunkhwa Versus Jawad Ali2021 SCMR 185 · Supreme Court of Pakistan · 2020-10-21
  regularization of servicesproject employeesoutsourcingcontractual employmentservice lawcivil servants
  Summary & questions settled

  This case arose from civil appeals filed by the Government of Khyber Pakhtunkhwa against Peshawar High Court judgments directing the regularization of respondents who were hired by a private company, Sarhad Rural Support Programme (SRSP), to execute a time-bound outsourced government project (Peoples Primary Healthcare Initiative - PPHI). The core legal question was whether project-based employees hired by an independent private contractor under a bona fide outsourcing agreement qualify as contract employees eligible for regularization under the Khyber Pakhtunkhwa Employees (Regularization of Services) Act 2009. The Supreme Court allowed the appeals and set aside the High Court's judgments. The Supreme Court held that the respondents were employees of a private company and not appointed by the government. The Court laid down the principle that genuine project-based workers recruited through arm's-length outsourcing arrangements do not become government servants, and section 2(b) of the 2009 Act explicitly excludes project posts from the definition of 'employee'.

  Questions settled

  • Are project-based employees recruited by a private company under an outsourcing arrangement entitled to regularization under the Khyber Pakhtunkhwa Employees (Regularization of Services) Act 2009?
  • Does section 2(b) of the Khyber Pakhtunkhwa Employees (Regularization of Services) Act 2009 exclude employees appointed against project posts from its purview?
  • Can employees hired by an independent contractor for a time-bound government project claim direct employment or regularization against the government?
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• Abdul Razzaq Versus State2021 SCMR 1847 · Supreme Court of Pakistan · 2021-09-17
  post-arrest bailjuvenile offenderforensic evidencemurder trialreasonable grounds
  Summary & questions settled

  This matter concerns a petition for post-arrest bail in a murder case. The petitioner was accused of killing the deceased, Zahid Shah, based on statements from witnesses recorded twelve days after the incident, who claimed the petitioner borrowed and returned a firearm later linked to the crime scene via forensic analysis. The High Court had previously denied bail, finding reasonable grounds for the petitioner's involvement. Upon review, the Supreme Court observed that the attribution of the weapon to the petitioner, in the absence of other corroborating evidence, presented a triable issue requiring further examination. Furthermore, the Court noted that the petitioner's school leaving certificate indicated he was a juvenile at the time of the offense, entitling him to statutory concessions. Concluding that the investigation was complete and continued incarceration would serve no purpose, the Court converted the petition into an appeal, allowed it, and granted bail to the petitioner subject to furnishing a bail bond. The judgment reinforces the principle that where the prosecution's case relies on contested forensic evidence and the accused is a juvenile, bail is appropriate pending trial.

  Questions settled

  • Does the recovery of a weapon linked to a crime scene by forensic analysis, without other corroborating evidence, constitute sufficient grounds to deny bail?
  • Is a school leaving certificate sufficient evidence to establish the status of a juvenile offender for the purpose of bail?
  • Should a juvenile accused be granted bail when the investigation is complete and continued detention serves no further purpose?
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• Asim Murtaza Khan Versus State2021 SCMR 1844 · Supreme Court of Pakistan · 2021-09-06Read full judgment →
• Javed Ahmed Versus State2021 SCMR 1817 · Supreme Court of Pakistan · 2021-08-23
  criminal assaultproperty disputeconviction appealmedical evidencewitness credibilitypensionary benefits
  Summary & questions settled

  This matter concerns a petition for leave to appeal against the judgment of the High Court of Balochistan, which upheld the convictions of the petitioners for assaulting the complainant, Noor-ud-Din, amidst a property dispute. The core legal question was whether the evidence, including discrepancies in the police surgeon's testimony and the acquittal of the petitioners on charges of criminal trespass and property damage, warranted setting aside the convictions. The Supreme Court held that the prosecution successfully established the occurrence of the assault inside the complainant's shop, supported by consistent witness testimony and physical evidence of a struggle, despite the acquittal on secondary charges. The Court dismissed the petition, ruling that the medical evidence, when read as a whole, confirmed the incident date, and that the potential loss of pensionary benefits for one of the deceased petitioners did not constitute a valid legal ground to overturn a conviction based on judicial consensus. The judgment affirms that consistent witness testimony regarding a specific incident of violence remains sufficient for conviction even if other peripheral charges fail.

  Questions settled

  • Does an acquittal on charges of criminal trespass and property damage automatically invalidate a conviction for assault arising from the same incident?
  • Can a discrepancy in the date recorded by a medical professional in testimony be cured by the date recorded in the medico-legal certificate?
  • Does the potential loss of pensionary benefits for a deceased convict constitute a valid legal ground to overturn a conviction upheld by lower courts?
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• Ghulam Hyder Versus State2021 SCMR 1802 · Supreme Court of Pakistan · 2021-09-10
  post-arrest bailfurther probefurther inquiryhomicidevicarious liabilityfacilitationwider net
  Summary & questions settled

  This criminal appeal arose from a petition for leave to appeal challenging an order of the High Court dated 28.06.2021, which had declined post-arrest bail to the petitioner in a homicide case. The prosecution alleged that six accused persons assaulted the deceased over a water dispute at night, with a co-accused firing the single fatal shot to the forehead, while the petitioner and four others allegedly caught and clutched the deceased. The primary legal question before the Supreme Court was whether the accusation against the petitioner as a facilitator warranted his continued incarceration or made out a case of further inquiry under Section 497(2) of the Code of Criminal Procedure 1898. The Supreme Court held that it was questionable whether five persons would hold the deceased in the dark at the risk of being hit by the incoming shot, suggesting an overbroad net was cast. Finding that the petitioner's culpability necessitated further inquiry and continuous detention served no purpose, the Court converted the petition into an appeal and admitted the petitioner to bail.

  Questions settled

  • Whether the role of catching hold of a deceased alongside multiple co-accused during a close-range shooting at night can bring an accused person's case within the scope of further probe under Section 497(2) of the Code of Criminal Procedure, 1898?
  • Whether an accused assigned only a role of facilitation by holding a victim is entitled to post-arrest bail when continuous detention serves no useful purpose?
  • Can the inherent implausibility of multiple persons clutching a victim in the dark while an incoming shot is fired justify the grant of bail on grounds of further inquiry?
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• Aijaz Ali Rajpar Versus State2021 SCMR 1773 · Supreme Court of Pakistan · 2021-09-09
  narcotics controlcannabis recoveryleave to appealfalse implicationcriminal convictionreduction of sentence
  Summary & questions settled

  The petitioner sought leave to appeal against his conviction under section 9(c) of the Control of Narcotic Substances Act, 1997, for the possession of 1920 grams of cannabis, which resulted in a sentence of four years and six months imprisonment, subsequently upheld by the High Court of Sindh. The core legal question revolved around the reliability of the recovery of contraband and whether the petitioner was falsely implicated due to animosity with the local police. The Supreme Court held that the substantial quantity of the contraband ruled out false imposition, the testimonies of the recovery witnesses were consistent and credible, and the chain of custody along with a positive forensic report established the guilt beyond reasonable doubt. The Court affirmed the conviction and declined the alternate plea for a reduction of sentence. The key principle laid down is that recovery of a considerable quantity of contraband coupled with consistent and unchallenged testimony of recovery witnesses and a positive forensic report is sufficient to sustain a narcotics conviction, and mere allegations of police animosity unsupported by evidence do not undermine the prosecution case.

  Questions settled

  • Whether a substantial quantity of contraband rules out false imposition by the police?
  • Does an unproven allegation of police animosity undermine credible prosecution evidence in a narcotics case?
  • Whether the Supreme Court will interfere with concurrent findings of fact by the lower courts regarding the reliability of recovery witnesses?
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• Muhammad Makki Versus State2021 SCMR 1672 · Supreme Court of Pakistan · 2021-01-11
  abductionacquittalappellate scrutinyprivate complaintrecoverycriminal appeal
  Summary & questions settled

  This is a criminal petition arising from a private complaint where the petitioners were tried for abduction for ransom before a Special Judge Anti-Terrorism Act, Rawalpindi, and initially acquitted. The Islamabad High Court partly set aside the acquittal, convicting the petitioners under section 365 of the Pakistan Penal Code, 1860, while maintaining the acquittal of a co-accused. The core legal question was whether the High Court was justified in overturning the trial court's acquittal and whether a partial failure of the prosecution on the ransom charge vitiated the entire case regarding abduction and recovery. The Supreme Court of Pakistan held that the High Court rightly undertook an effective and meaningful scrutiny of the evidence to remedy a grievous wrong, finding that the chain of circumstances conclusively established the abduction and recovery of the abductee from the premises occupied by the accused. The petition was dismissed and leave to appeal was declined, laying down the principle that an acquittal is not immutable and an appellate court must scrutinize evidence to prevent a miscarriage of justice.

  Questions settled

  • Whether an appellate court is justified in overturning a trial court's acquittal upon re-evaluating the evidence?
  • Does the partial failure of the prosecution on a major charge vitiate the entire case regarding a lesser included or connected charge?
  • Can an acquittal be interfered with to avoid a miscarriage of justice?
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• Mst. Rukhsana Versus Rehmanullah2021 SCMR 1544 · Supreme Court of Pakistan · 2021-07-26
  leave to appealdouble murderappreciation of evidenceocular accountcriminal justiceacquittal
  Summary & questions settled

  This matter arises from a petition for leave to appeal assailing the judgment of the High Court dated 4.6.2015, which overturned the conviction and death sentence awarded to the respondent by the Additional Sessions Judge, Mardan, vide judgment dated 13.12.2013 under section 302(b) of the Pakistan Penal Code, 1860 for the double murder of Muhammad Islam and Muhammad Said Ghani Shah. The core legal question involves the proper appreciation of ocular and investigative evidence in a criminal trial and whether the High Court erred in acquitting the respondent based on peripheral omissions and minor discrepancies. The Supreme Court held that the contentions merited consideration, noting that the High Court's reliance on inconsequential omissions and site plan entries without proper confrontation presented adjudication incompatible with settled norms of criminal justice, resulting in potential miscarriage of justice. Consequently, the Court granted leave to appeal to reappraise the entire evidence and directed the issuance of bailable warrants for the respondent.

  Questions settled

  • Whether the High Court's reliance on peripheral omissions and inconsequential discrepancies warrants interference by the Supreme Court in a criminal appeal?
  • Does the ocular account and investigative conclusion in the present case constitute proof beyond reasonable doubt for the conviction of the accused?
  • Whether leave to appeal should be granted to reappraise the entire evidence when the acquittal judgment is alleged to be artificial and resulting in a miscarriage of justice?
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• Federation of Pakistan through Secretary Establishment Division, Islamabad Versus Shafqat-Ur-Rehman Ranjha2021 SCMR 153 · Supreme Court of Pakistan · 2020-10-28
  de novo inquirycompetent authoritydouble jeopardyservice matterArticle 212maintainability of writ petitioncivil servantrevisional power
  Summary & questions settled

  This civil appeal before the Supreme Court of Pakistan arose from an order of the Islamabad High Court setting aside the Prime Minister's direction for a de novo departmental inquiry against a BPS-21 civil servant who had been recommended for exoneration by an Authorized Officer. The primary legal issues were whether the Prime Minister as competent Authority had power to order a de novo inquiry, whether such action constituted double jeopardy under Article 13 of the Constitution of Pakistan 1973, and whether the High Court possessed jurisdiction under Article 199 in light of Article 212. The Supreme Court allowed the appeal and set aside the High Court's judgments. It held that recommendations by an Inquiry Officer or Authorized Officer are merely advisory and do not constitute a final order. Under Rule 6A of the Government Servants (Efficiency and Discipline) Rules 1973, the competent Authority retains full revisional power to order a de novo inquiry for valid recorded reasons. The principle of double jeopardy does not apply prior to a final order. Furthermore, service grievances fall within the exclusive jurisdiction of the Federal Service Tribunal under Article 212, making a constitutional petition non-maintainable.

  Questions settled

  • Whether the Prime Minister as the competent authority has the power under the Government Servants (Efficiency and Discipline) Rules 1973 to order a de novo inquiry when an authorized officer recommends exoneration?
  • Whether ordering a de novo departmental inquiry prior to the issuance of a final determination constitutes double jeopardy under Article 13 of the Constitution of Pakistan 1973?
  • Whether a High Court can entertain a constitutional petition under Article 199 of the Constitution of Pakistan 1973 in respect of service matters governed by Article 212 where statutory departmental remedies remain unexhausted?
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• Masveer Ahmed alias Aziz Ahmed Versus Azhar Ali2021 SCMR 1476 · Supreme Court of Pakistan · 2018-09-17
  bail cancellationpost-arrest baildiscretion of high courtdelay in trialcriminal petition
  Summary & questions settled

  This petition seeks the cancellation of bail granted to respondent No. 1 by the Peshawar High Court in respect of a case registered under sections 324 and 34 of the Pakistan Penal Code. The core legal question revolves around whether the discretion exercised by the High Court in granting bail warrants interference by the Supreme Court, taking into account the duration of bail and the conduct of the accused. The Supreme Court held that in the peculiar facts and circumstances of the case, it would not be appropriate to interfere with the discretion exercised by the High Court, particularly as the respondent had remained on bail for over three and a half years without misusing the concession or causing trial delays. Consequently, leave to appeal was declined and the petition dismissed. The key principle laid down is that the Supreme Court will generally not interfere with a High Court's discretion in granting bail where the accused has enjoyed bail for a considerable period without abusing the concession or contributing to trial delays.

  Questions settled

  • Whether the Supreme Court will interfere with the discretion exercised by the High Court in granting bail after a long lapse of time?
  • Does the absence of trial delay attributable to the accused justify maintaining bail?
  • Can a petition for bail cancellation be sustained when the accused has not abused the concession of bail?
  Read full judgment →
• Nazir Jan Versus Sail Khan2021 SCMR 1451 · Supreme Court of Pakistan · 2021-06-28
  acquittalremandcriminal procedureprosecutionstatutory interpretationhomicideleave to appeal
  Summary & questions settled

  This petition for leave to appeal challenged the acquittal of the respondent, Sial Khan, in a homicide case. The respondent was originally acquitted by the trial court in 1992. Although the State did not challenge this acquittal, the High Court remanded the matter for a fresh decision. Following his subsequent arrest and trial, the respondent was again acquitted in 2010, a decision upheld by the High Court in 2011. The petitioner argued that the respondent's case was identical to that of a convicted co-accused, Pirat Khan, and thus the acquittal was unjustified. The Supreme Court examined the procedural history and noted that at the time of the initial remand, there was no statutory provision allowing for an appeal against acquittal by a complainant or aggrieved person, as the relevant amendment to the Code of Criminal Procedure, 1898, was only enacted in 1994. Consequently, the Court held that the subsequent prosecution lacked a valid statutory basis. Furthermore, the Court found the trial court's analysis of the evidence to be a possible view, warranting no interference. Leave to appeal was declined.

  Questions settled

  • Was there a statutory basis for an appeal against acquittal by a private complainant prior to the enactment of the Code of Criminal Procedure (Second Amendment) Act, 1994?
  • Can a court remand a case for retrial against an accused whose acquittal was not challenged by the State?
  Read full judgment →
• Secretary Local Government, Election Rural Development, Khyber Pakhtunkhwa Versus Muhammad Tariq Khan2021 SCMR 1433 · Supreme Court of Pakistan · 2021-07-01
  project employeescontractual employmentres judicataregularization of servicevested rightcivil appealspublic policy
  Summary & questions settled

  This matter concerns civil appeals filed by the Government of Khyber Pakhtunkhwa against High Court judgments directing the re-adjustment and reinstatement of former project employees. The core legal questions addressed were whether project employees possess a vested right to regularization upon project completion, whether the respondents faced discrimination, and whether the subsequent writ petitions were barred by the principle of res judicata. The Supreme Court held that contract or project employees hired for specific tenures have no vested right to regularization or permanent retention once the project concludes, particularly absent specific rules providing for such absorption. Furthermore, the Court determined that the respondents' claims were barred by res judicata as the issues regarding their termination had attained finality in previous litigation. The Court emphasized that public policy mandates an end to litigation and prohibits the vexatious multiplication of suits. Consequently, the appeals were allowed, and the impugned judgments were set aside, reaffirming that judicial finality must be respected to prevent the abuse of court processes.

  Questions settled

  • Do project or contract employees possess a vested right to regularization or permanent retention after the expiry of the project?
  • Does the principle of res judicata bar the filing of subsequent writ petitions when the issue of termination has already attained finality in previous litigation?
  • Can a court direct the regularization of employees who were not appointed against sanctioned vacant posts in accordance with relevant service rules?
  Read full judgment →
• Muhammad Yaqoob Versus State2021 SCMR 1387 · Supreme Court of Pakistan · 2020-12-02
  criminal petitionmurderunlawful assemblycommon objectidentification in darknessdelayed arrestconstructive liability
  Summary & questions settled

  This is a criminal petition for leave to appeal arising from the concurrent conviction of the petitioner under Section 302(b) of the Pakistan Penal Code, 1860, for his role in an incident dating back to 1992 wherein two police constables were martyred during an armed attack by twelve assailants attempting to abduct worshippers at a mosque. The core legal questions involve the reliability of identification during dark hours, the absence of weapon recovery after twenty-five years, and the applicability of constructive liability for deaths caused during a joint criminal enterprise. The Supreme Court held that the testimony of eyewitnesses conclusively established the petitioner's active participation as a member of an unlawful assembly with a common object, and that darkness does not provide immunity where identification is otherwise established. The Court affirmed the conviction, ruling that community of intention entails cumulative corporeal consequences for all participants in the assault, and accordingly declined leave to appeal.

  Questions settled

  • Whether the absence of weapon recovery after a lapse of twenty-five years is fatal to the prosecution case?
  • Does darkness provide immunity to an offender if witnesses succeed in ascertaining his identity through available means?
  • Whether active participation as a member of an unlawful assembly attracts cumulative penal consequences for deaths caused during the occurrence?
  Read full judgment →
• Zulfiqar Ali Versus State2021 SCMR 1373 · Supreme Court of Pakistan · 2020-11-12
  Qatl-i-amdbenefit of the doubtappreciation of evidenceeye-witness testimonycriminal appealacquittalsafe administration of criminal justice
  Summary & questions settled

  The appellant was convicted for the triple murder of his sister-in-law, brother, and mother, initially sentenced to death, later commuted to life imprisonment. The prosecution alleged the appellant committed the murders using a razor and a wooden plank following the victim's resistance to his carnal designs. The core legal question was whether the prosecution evidence, specifically the testimony of eye-witnesses, was sufficient to sustain the conviction given the inconsistencies and the alleged inaction of witnesses during the incident. The Supreme Court held that the prosecution failed to prove its case beyond a reasonable doubt. The Court found the witnesses' inaction during the brutal attack implausible, noting that the weapon used (a razor) would be difficult to manage against a resisting victim, and that key witnesses failed to support the prosecution's version. Consequently, the Court acquitted the appellant, extending the benefit of the doubt. The key principle laid down is that where prosecution evidence fails to inspire confidence and circumstances suggest the witnesses were not present at the scene, the court must acquit to avoid the risk of error in criminal justice.

  Questions settled

  • Does the failure of eye-witnesses to intervene during a violent crime, despite being present, cast doubt on the veracity of the prosecution's case?
  • Can a conviction for murder be sustained when the prosecution evidence fails to inspire confidence and key witnesses are absent or unreliable?
  • Is the use of a razor as a murder weapon in a public setting, against a resisting victim, a factor that can undermine the credibility of an eye-witness account?
  Read full judgment →
• State Life Insurance Corporation of Pakistan Versus Atta Ur Rehman2021 SCMR 1347 · Supreme Court of Pakistan · 2021-06-25
  life insurancematerial non-disclosureutmost good faithinsurance claimstatutory barmedical examinationfraudulent misrepresentation
  Summary & questions settled

  This matter concerns a dispute over a life insurance claim rejected by the appellant insurer on the grounds of material non-disclosure regarding the insured's pre-existing heart condition. The core legal question is whether an insurer can avoid a life insurance policy after two years have elapsed, and whether the insurer's reliance on its own medical examination of the insured precludes a defense of non-disclosure. The Supreme Court held that under Section 80 of the Insurance Ordinance, 2000, a life insurance policy cannot be called into question after two years unless the insurer proves that the misstatement was material, fraudulent, and known to the insured. The Court further held that where an insurer conducts its own thorough medical examination, it cannot subsequently rely on the insured's non-disclosure to avoid liability unless fraud is established. The judgment clarifies that the statutory bar under Section 80 is automatic, and the burden of proving the three cumulative conditions to overcome this bar rests entirely on the insurer, rejecting the notion that the insured must proactively plead this statutory protection.

  Questions settled

  • Can a life insurance policy be avoided by the insurer on the ground of misstatement after the expiry of two years from the date it was effected?
  • What are the cumulative conditions an insurer must establish to avoid a life insurance policy after the two-year statutory bar under Section 80 of the Insurance Ordinance, 2000?
  • Does an insurer's conduct of an independent medical examination of the insured preclude it from later claiming non-disclosure of medical history to avoid the policy?
  • Is the statutory bar against questioning a life insurance policy after two years an automatic legal bar that the insurer must overcome, rather than a defense that must be pleaded by the claimant?
  Read full judgment →
• Commissioner Inland Revenue Zone-I, Ltu Versus MCB Bank Limited2021 SCMR 1325 · Supreme Court of Pakistan · 2021-01-13
  income taxshow cause noticewithholding taxtax defaultburden of prooffishing expeditiontax assessment
  Summary & questions settled

  Civil appeals were filed by the Commissioner Inland Revenue against the High Court's judgment upholding the cancellation of show cause notices issued to a banking company under sections 161 and 205 of the Income Tax Ordinance 2001 for various tax years. The primary legal issue was whether the department could issue generic, unspecific show cause notices for failure to withhold tax based on a misapplication of the precedent set in Bilz (Pvt.) Ltd. v. Deputy Commissioner of Income Tax. The Supreme Court dismissed the department's appeals for tax years 2003–2006 while allowing the appeal for tax year 2011. The Court held that section 161 requires objective information or reason demonstrating a failure to deduct tax before casting the burden of proof on the taxpayer. Generic notices amounting to fishing expeditions without identifying precise transactions or applying objective mind are unlawful. The Court clarified that Bilz was decided on its specific facts involving deliberate withholding of payee details and does not authorise vague, sweeping show cause notices or shift the initial statutory burden onto the taxpayer.

  Questions settled

  • Is a vague and non-specific show cause notice issued under Section 161 of the Income Tax Ordinance 2001 legally sustainable?
  • Does Section 161 of the Income Tax Ordinance 2001 automatically shift the initial burden of proof onto the taxpayer upon mere identification of a payment category?
  • Can the tax authorities rely on a leave-refusing order of the Supreme Court as binding precedent to conduct roving inquiries against taxpayers?
  Read full judgment →
• Zarai Taraqiati Bank Limited Versus Sarfraz Khan Jadoon2021 SCMR 1305 · Supreme Court of Pakistan · 2021-06-10
  prospective operation of judgmentsrecovery of financial benefitsout of turn promotioninterpretation of herebycondonation of delaylimitationwrit petition
  Summary & questions settled

  This civil appeal arose from a High Court writ petition challenging an Office Memorandum through which the appellant-bank sought to recover or adjust financial benefits paid to the respondents following their promotions. Those promotions had ultimately been withdrawn by the Supreme Court in the case of Akhtar Umar Hayat Lalayka v. Mushtaq Ahmed Sukhaira (2018 SCMR 1218). The High Court partly allowed the writ petition, restraining the appellant from recovering or adjusting the financial benefits already disbursed prior to the judgment. The appellant challenged this decision before the Supreme Court. The Supreme Court examined the language of the precedent judgment, specifically the phrase 'hereby withdrawn', and interpreted 'hereby' to denote that the withdrawal took effect from the date of that judgment itself, rather than retrospectively. The Court reiterated the established principle that judicial judgments operate prospectively unless expressly stated otherwise. Finding no illegality in the High Court's ruling protecting the past financial benefits, the Supreme Court dismissed the appeal and dismissed a connected petition as barred by time.

  Questions settled

  • Do judicial judgments operate prospectively or retrospectively unless expressly provided otherwise?
  • Does the withdrawal of a promotion by the Supreme Court using the term 'hereby' operate from the date of the judgment or from the date the promotion was granted?
  • Can financial benefits already paid pursuant to promotion orders be recovered when the promotions are subsequently withdrawn prospectively by court order?
  Read full judgment →
• Khair Muhammad Versus State2021 SCMR 130 · Supreme Court of Pakistan · 2020-10-23
  pre-arrest bailfurther inquiryinvestigation findingsmedical evidenceFIR delaymalicious prosecution
  Summary & questions settled

  This matter concerns a petition for leave to appeal against the refusal of pre-arrest bail by the Lahore High Court in a criminal case involving charges under sections 302, 324, and 34 of the Pakistan Penal Code 1860. The core legal question was whether the petitioners were entitled to pre-arrest bail given the findings of the investigation and the medical evidence. The Supreme Court held that the petitioners were entitled to bail, converting the petition into an appeal and confirming the ad-interim bail. The Court reasoned that the investigation had contradicted the prosecution's allegations: the medical evidence did not support the injuries ascribed to one petitioner, and the Investigating Officer, with the concurrence of senior police officers, found that the other petitioner was not present at the scene. Furthermore, the Court noted an inordinate delay in the registration of the FIR. The key principle laid down is that where investigation findings negate the prosecution's specific allegations and the case falls within the ambit of further inquiry, pre-arrest bail is appropriate to protect against malicious prosecution.

  Questions settled

  • Can pre-arrest bail be granted when the investigation findings contradict the prosecution's allegations?
  • Does a delay in the registration of an FIR provide grounds for considering a case as one of further inquiry for bail purposes?
  • Can the merits of a case be considered when determining the grant of pre-arrest bail?
  Read full judgment →
• Ijaz Bashir Qureshi Versus Shams-UN-Nisa Qureshi2021 SCMR 1298 · Supreme Court of Pakistan · 2021-06-11
  power of attorneyirrevocable power of attorneygift deedprincipal and agenttransfer of propertykith and kindeclaration suit
  Summary & questions settled

  This appeal under Article 185(2)(d)(e) of the Constitution of Pakistan 1973 challenged the High Court's judgment setting aside a trial court decree in a suit for declaration, mandatory, and permanent injunction. The appellant challenged the transfer of his share in inherited immovable property made by his mother (the general attorney) via a gift deed in favour of his sister. The Supreme Court addressed whether a general power of attorney creates an irrevocable agency simply by stating 'irrevocable' in its caption, and whether an agent can gift the principal's immovable property without express directions. The Court held that a power of attorney is not irrevocable unless the agent holds an interest in the subject-matter property or agency was given for consideration. Furthermore, an attorney cannot gift the principal's property to themselves or their kith and kin without explicit instructions, specific consent, and designation of the property and donee by the principal. Consequently, the Supreme Court allowed the appeal, setting aside the High Court's judgment and restoring the trial court's decree.

  Questions settled

  • Does merely writing 'irrevocable' in the caption of a power of attorney make it an irrevocable power of attorney in law?
  • Can an agent transfer the immovable property of a principal through gift without the explicit consent, intention, and direction of the principal?
  • Is a gift made by a power of attorney holder in favour of her own child valid where no specific instruction or permission was granted by the principal?
  Read full judgment →
• Noor Aslam Versus State2021 SCMR 1225 · Supreme Court of Pakistan · 2021-06-02
  bail cancellationjudicial discretionmurderous assaultabscondencereasonable groundscriminal procedure
  Summary & questions settled

  The petitioner, accused of a murderous assault, sought leave to appeal against the Peshawar High Court's order cancelling his bail, which had been initially granted by an Additional Sessions Judge. The core legal question was whether the High Court was justified in interfering with the trial court's discretionary order granting bail. The Supreme Court held that the High Court correctly exercised its jurisdiction to cancel the bail. The Court reasoned that the medical evidence, confirming severe injuries to the victim's epigastrium, prima facie attracted the mischief of Section 324 of the Pakistan Penal Code, 1860, thereby establishing reasonable grounds under Section 497 of the Code of Criminal Procedure, 1898, to deny bail. Furthermore, the Court emphasized that while bail is a discretionary relief, such discretion must be structured on sound judicial considerations, especially in cases punishable with imprisonment of ten years or more. The trial court's failure to consider the petitioner's long abscondence and the gravity of the offense constituted a valid ground for the High Court to interfere and rectify the error. The petition was dismissed.

  Questions settled

  • Does the grant of bail in disregard of sound judicial considerations constitute a strong ground for the High Court to interfere and cancel bail?
  • Does the presence of medical evidence confirming severe injury prima facie establish reasonable grounds to deny bail under Section 497 of the Code of Criminal Procedure, 1898?
  • Is an accused's prolonged disappearance from the law a relevant factor for a court to consider when exercising its discretion to grant or deny bail?
  Read full judgment →
• Noor Khan Versus State2021 SCMR 1212 · Supreme Court of Pakistan · 2021-05-24
  narcoticspost-arrest bailtentative assessmentcontraband recoveryleave to appeal
  Summary & questions settled

  The petitioner filed a petition for leave to appeal against the refusal of post-arrest bail by the Lahore High Court, Rawalpindi Bench, in a narcotics case. The petitioner was apprehended on December 5, 2020, by police in Rawalpindi while in possession of 1320 grams of cannabis concealed in a shopping bag. The core legal question was whether the petitioner was entitled to bail given the recovery of the contraband. The Supreme Court observed that the recovery of a considerable quantity of contraband from the petitioner's possession brought the case within the prohibition contemplated by the Control of Narcotic Substances Act, 1997. The Court held that the petitioner's plea of false implication could not be evaluated without conducting a deeper analysis of the evidence, which is impermissible at the bail stage due to the prohibition against going beyond a tentative assessment. Consequently, the Court found no error in the concurrent findings of the lower courts and declined to grant leave to appeal, thereby refusing bail.

  Questions settled

  • Can a plea of false implication be adjudicated during the bail stage?
  • Does the recovery of a significant quantity of contraband trigger the prohibition against bail under the Control of Narcotic Substances Act 1997?
  • Is a court permitted to conduct a detailed analysis of evidence during bail proceedings?
  Read full judgment →
• Muhammad Jamil Versus Muhammad Arif2021 SCMR 1108 · Supreme Court of Pakistan · 2020-09-10Read full judgment →
• Senior General Manager/CEO, Pakistan Railway Headquarters, Lahore Versus Abdul Rauf Shamoon2021 SCMR 1027 · Supreme Court of Pakistan · 2021-04-19Read full judgment →
• Muhammad Saleem Khan Versus MCB Bank Limited2020 SCMR 984 · Supreme Court of Pakistan · 2019-12-03
  banking suitrecovery of financesstatement of accountbankers' books evidencecertification of documentsleave to appeal
  Summary & questions settled

  This petition for leave to appeal challenged a Lahore High Court judgment that set aside a Banking Court's dismissal of a recovery suit filed by a bank. The Banking Court had dismissed the suit on the grounds that the statement of account attached to the plaint was not certified in accordance with the Bankers' Books Evidence Act, 1891, as required by Section 9(2) of the Financial Institutions (Recovery of Finances) Ordinance, 2001. The Supreme Court examined the statement of account and found that it contained a certification note at the end, which substantially complied with the requirements of Section 2(8) of the Bankers' Books Evidence Act, 1891. The Court rejected the argument that every page of the statement required separate certification, noting that the document was a comprehensive record. Consequently, the Supreme Court held that the Banking Court's finding of non-compliance was erroneous and misconceived. The Court declined to address the applicability of the Electronic Transactions Ordinance, 2002, as it was unnecessary for the disposal of the petition, and directed the Banking Court to decide the suit within four months.

  Questions settled

  • Does the Bankers' Books Evidence Act, 1891 require every page of a bank statement of account to contain a separate certification?
  • Is a certification note at the end of a comprehensive statement of account sufficient to satisfy the requirements of Section 2(8) of the Bankers' Books Evidence Act, 1891?
  • Can a banking court dismiss a recovery suit solely on the basis of an alleged non-compliance with the Bankers' Books Evidence Act, 1891 when the statement of account is duly verified?
  Read full judgment →
• Government of Khyber Pakhtunkhwa Versus Shahid2020 SCMR 981 · Supreme Court of Pakistan · 2020-04-02
  service lawdisciplinary proceedingswilful absenceservice tribunal jurisdictionpenalty modificationpolice disciplinemajor penalty
  Summary & questions settled

  This matter concerns a service appeal filed by a police constable dismissed from service for wilful absence from duty for over six months. Following departmental proceedings, including an inquiry where the respondent failed to appear, the competent authority dismissed him. The Khyber Pakhtunkhwa Service Tribunal subsequently modified this penalty to the withholding of two increments, deeming the dismissal 'harsh' despite acknowledging the unauthorized absence. The core legal question was whether the Service Tribunal possessed the authority to arbitrarily modify a disciplinary penalty imposed by the competent authority without a legal basis or finding of procedural irregularity. The Supreme Court held that the Tribunal exceeded its jurisdiction by interfering with the departmental penalty without citing any law or identifying procedural flaws. The Court emphasized that in a disciplined force, such as the police, unauthorized absence for a significant duration warrants strict disciplinary action. Consequently, the Supreme Court set aside the Tribunal's judgment, restored the original dismissal order, and affirmed that a tribunal cannot whimsically mitigate penalties without a sound legal foundation.

  Questions settled

  • Can a Service Tribunal modify a disciplinary penalty imposed by a competent authority solely on the ground that the punishment is harsh?
  • Does a Service Tribunal have the jurisdiction to interfere with a departmental penalty in the absence of procedural illegality or a cited legal basis?
  • Is the unauthorized absence of a member of a disciplined force for an extended period a valid ground for dismissal from service?
  Read full judgment →
• FBR through Chairman, Islamabad Versus Wazir Ali and Company2020 SCMR 959 · Supreme Court of Pakistan · 2020-03-09
  income tax surchargeSection 4A Income Tax Ordinancetax year splittingproportionate tax liabilityadvance income taxbeneficial interpretationFBR Circularstatutory interpretation in tax law
  Summary & questions settled

  Civil appeal against a High Court judgment concerning the computation of surcharge under Section 4A of the Income Tax Ordinance 2001 (inserted via the Income Tax Amendment Ordinance 2011). The core legal question was whether surcharge for the tax year 2011 could be calculated by splitting the tax year into two periods to isolate taxable income derived during the 3.5 months following the enactment of Section 4A, or whether the surcharge must be computed on a proportionate allocation of the tax liability for the full twelve-month tax year. The Supreme Court allowed the appeal, holding that Section 4A operates subject to the other provisions of the Ordinance, none of which permit splitting a tax year into separate period-specific taxable incomes. The Supreme Court laid down that income tax liability is fundamentally determined on the basis of income for an entire twelve-month tax year. Consequently, surcharge must be calculated by proportionately allocating the tax liability of the whole tax year to the relevant period.

  Questions settled

  • Can a single tax year be split into separate accounting periods under the Income Tax Ordinance 2001 to compute tax liability for a portion of the year?
  • How is surcharge under Section 4A of the Income Tax Ordinance 2001 to be calculated when applicable to a specific period within a tax year?
  • Can the rule of beneficial interpretation be applied to adopt two conflicting interpretations of the same taxing provision for different sets of taxpayers?
  • Does Section 4A of the Income Tax Ordinance 2001 override the general provisions defining a tax year as a twelve-month period?
  Read full judgment →
• Chairman, Federal Baord of Revenue, Islamabad Versus Mrs. Naureen Ahmed Tarar2020 SCMR 90 · Supreme Court of Pakistan · 2019-02-20
  seniority fixationprobationerslegitimate expectancyretrospective applicationcivil service lawservice rulesadministrative law
  Summary & questions settled

  This matter concerns civil appeals regarding the determination of seniority for probationers of the 25th Common Group in the Customs and Excise Group. The core legal question was whether the 2001 amendment to the Occupational Groups and Services (Probation, Training and Seniority) Rules, 1990, which introduced the number of examination attempts as a criterion for seniority, could be applied retrospectively to probationers who had commenced their probationary period prior to the amendment's enforcement. The Supreme Court held that the amendment could not be applied retrospectively. It ruled that the unamended 1990 Rules, as they existed at the commencement of the probationers' service, must govern their seniority. The Court affirmed the principle of legitimate expectancy, holding that seniority is a valuable right and that administrative rules cannot be altered retrospectively to deprive employees of benefits or statuses they reasonably expected under the legal regime prevalent at the time their service commenced. The Court emphasized that while procedural, the amendment affected substantive rights and was therefore inapplicable to the respondents.

  Questions settled

  • Can service rules regarding seniority be applied retrospectively to probationers who commenced their training prior to the amendment of such rules?
  • Does the principle of legitimate expectancy protect civil servants from the retrospective application of rules that adversely affect their seniority?
  • Is the number of examination attempts a valid criterion for determining seniority if it was introduced after the commencement of a probationer's training period?
  Read full judgment →
• Shahbaz Gul Versus Muhammad Younas Khan2020 SCMR 867 · Supreme Court of Pakistan · 2020-02-19Read full judgment →
• Hamid Ashraf Versus Commissioner Inland Revenue, Lahore2020 SCMR 843 · Supreme Court of Pakistan · 2020-03-05
  tax refunddelayed refund compensationdeemed assessmentrefund orderincome taxretrospective clarification
  Summary & questions settled

  This matter concerns the determination of the date when a tax refund becomes due to a taxpayer under the Income Tax Ordinance, 2001 for the purpose of calculating additional payment or compensation for delayed refunds. The core legal question was whether a tax refund and consequent compensation become due automatically from the date of a deemed assessment under Section 120 upon filing an income tax return, or from the date when a formal refund order is passed by the taxation officer pursuant to an application under Section 170. The Supreme Court held that the scheme of refund under the Ordinance requires a formal refund order following scrutiny by the Commissioner, and a deemed assessment under Section 120 does not act as a substitute for a refund order. The Court laid down that for the purpose of compensation under Section 171, a tax refund becomes due from the date the refund order is made, and the Explanation to Section 171 inserted via the Finance Act, 2013 clarifies this position retrospectively, except in respect of past and closed transactions.

  Questions settled

  • Whether a tax refund becomes due from the date of a deemed assessment under section 120 of the Income Tax Ordinance, 2001?
  • Does the Explanation to section 171 of the Income Tax Ordinance, 2001 operate retrospectively?
  • Is a deemed assessment under section 120 of the Income Tax Ordinance, 2001 a substitute for a formal refund order?
  • When does a tax refund become due for the purpose of calculating compensation for a delayed refund under section 171 of the Income Tax Ordinance, 2001?
  Read full judgment →
• Muhammad Asif Versus Mehboob Alam2020 SCMR 837 · Supreme Court of Pakistan · 2020-04-22
  leave to appealQatl-i-amdappreciation of evidencebenefit of doubtdelayed postmortemcommutation of sentenceocular account
  Summary & questions settled

  This matter concerns a petition for leave to appeal against a judgment of the Lahore High Court, which had modified a trial court's sentence of death to imprisonment for life in a murder case. The petitioner challenged the conviction, arguing that the occurrence was unseen, the postmortem was delayed, and the ocular account was contradictory and unreliable, thereby entitling the accused to the benefit of doubt. The Supreme Court examined the record, noting that the crime report was lodged with promptitude and that the delay in the postmortem was reasonably explained by the time required for transporting the injured to the hospital. The Court held that the prosecution evidence was sufficient to sustain the conviction and that the High Court had provided justifiable reasoning for commuting the death sentence to life imprisonment. Consequently, the Court affirmed the High Court's judgment, emphasizing that minor procedural delays or previous animosity do not automatically invalidate reliable prosecution evidence, and refused leave to appeal.

  Questions settled

  • Does a delay in postmortem examination automatically render an occurrence 'unseen' or entitle an accused to the benefit of doubt?
  • Can a conviction for Qatl-i-amd be sustained when there is previous hostility between the parties?
  • Is the appellate court justified in converting a death sentence to imprisonment for life based on the facts and circumstances of the case?
  Read full judgment →
• Suo Motu Action Regarding Combating the Pandemic of Corona Virus (Covid - 19) Versus2020 SCMR 731 · Supreme Court of Pakistan · 2020-04-13Read full judgment →
• Muhammad Rafique alias Neela Versus State2020 SCMR 664 · Supreme Court of Pakistan · 2020-03-06
  criminal appealmurder convictiondoctrine of abundant cautionappreciation of evidenceacquittal of co-accusedfatal blowforensic evidence
  Summary & questions settled

  This criminal matter involves cross-petitions challenging a High Court judgment regarding a murder conviction. The petitioner, Muhammad Rafique, was convicted for the murder of Nazim Hussain, while his co-accused were acquitted. The core legal question was whether the High Court erred in maintaining the conviction of the petitioner while acquitting his co-accused based on the same evidence, and whether the doctrine of abundant caution was correctly applied. The Supreme Court dismissed both petitions, upholding the conviction of the petitioner and the acquittal of the co-accused. The Court held that the petitioner’s conviction was supported by consistent witness testimony and forensic evidence, specifically the recovery of the murder weapon. Regarding the co-accused, the Court affirmed the High Court’s application of the doctrine of abundant caution, noting that the acquittal of some accused does not necessitate the rejection of the entire prosecution case if the remaining evidence sufficiently establishes the guilt of the principal offender. The judgment reinforces that the doctrine of abundant caution is a vital tool for ensuring the safe administration of criminal justice without invalidating credible evidence against others.

  Questions settled

  • Does the acquittal of co-accused based on the doctrine of abundant caution necessarily invalidate the conviction of the principal offender?
  • Can a conviction be sustained based on witness testimony and forensic evidence even when other co-accused are acquitted?
  • Is the doctrine of abundant caution applicable to the appreciation of evidence in criminal trials?
  Read full judgment →
• Collector of Customs, Islamabad Versus Askari Cement (Pvt.) Ltd.2020 SCMR 649 · Supreme Court of Pakistan · 2020-01-22
  customs classificationquasi-judicial functionsCentral Board of Revenuestatutory interpretationPCT headingsadministrative instructionsrefractory bricks
  Summary & questions settled

  This matter concerns a customs dispute regarding the classification of imported refractory bricks under the Pakistan Customs Tariff (PCT). The core legal question was whether the Central Board of Revenue (CBR) possesses the authority to issue binding administrative instructions on the classification of goods, thereby overriding the quasi-judicial discretion of customs authorities and appellate forums. The Supreme Court dismissed the petitions, upholding the Tribunal's decision which favored the importer's classification. The Court held that the classification of goods involves mixed questions of law and fact, falling exclusively within the domain of the customs hierarchy. It established that the Board’s administrative instructions cannot interfere with the quasi-judicial functions of customs officers or appellate forums. Under Section 223 of the Customs Act, 1969, the Board's directives are limited to administrative matters and cannot encroach upon the discretion of officers exercising quasi-judicial functions. Consequently, the Tribunal and High Court were not bound by the Board's interpretation, as such interpretations are merely administrative and not judicial pronouncements.

  Questions settled

  • Does the Central Board of Revenue have the authority to issue binding instructions on the classification of goods that interfere with the quasi-judicial functions of customs authorities?
  • Are customs authorities and appellate tribunals bound by the administrative interpretations of the Central Board of Revenue regarding the classification of goods under the Customs Act, 1969?
  • Does the composition of a Customs Appellate Tribunal bench consisting of two technical members and one judicial member satisfy the requirements of Section 194(c) of the Customs Act, 1969?
  Read full judgment →
• Sui Southern Gas Company Limited Versus Registrar of Trade Unions2020 SCMR 638 · Supreme Court of Pakistan · 2020-01-07
  trade unioncollective bargaining agentcontract employeesvoters listreferendumindustrial relations
  Summary & questions settled

  This matter arises from a petition filed by Sui Southern Gas Company Limited challenging orders allowing contract workers to be included in the voters' list for a referendum to determine the Collective Bargaining Agent. The core legal question is whether workers engaged in an establishment through a labour contractor are eligible to be registered as voters to participate in such a referendum. The Supreme Court dismissed the petition, holding that under the Industrial Relations Act, 2012, a worker or workman employed either directly or through a contractor is eligible to be a voter provided they have completed three months of service in the establishment. The Court laid down that the definition of worker under the statute includes those employed through a contractor, and contractual arrangements cannot be used as a device to deprive workers of their legitimate rights to participate in trade union activities.

  Questions settled

  • Whether a worker engaged in an establishment through a labour contractor is eligible to be registered as a voter to participate in a referendum for choosing a Collective Bargaining Agent?
  • Does the definition of worker under the Industrial Relations Act, 2012 include persons employed through a contractor?
  • Can an employment arrangement through a contractor be used as a device to deprive workers of their fundamental rights to participate in trade union activities?
  Read full judgment →
• Collector of Customs Versus Byco Petroleum Pakistan2020 SCMR 615 · Supreme Court of Pakistan · 2020-02-13
  customs duty exemptiontemporary importSRO 678(I)/2004Customs Act 1969PCT CodeTug boatsdrilling and seismic vesselstax exemption
  Summary & questions settled

  This civil appeal before the Supreme Court of Pakistan arose from a dispute concerning the applicability of customs duty exemption under SRO 678(I)/2004, issued pursuant to Section 19 of the Customs Act 1969, to three imported Tug boats. The respondent company imported the Tug boats on a temporary basis without payment of duties, contending that they qualified for tax exemption under the SRO as vessels imported for petroleum sector operations. Customs authorities issued a show cause notice alleging violations of Section 32(3) and Section 79(1) of the Customs Act 1969, but the Collector Customs Adjudication subsequently withdrew the notice, a decision affirmed by the Customs Appellate Tribunal and the High Court. The core legal question before the Supreme Court was whether Tug boats fall within the exempted category of 'drilling and seismic (on shore or off shore) vessels' specified under sub-clause (vii) of Clause (5) of SRO 678(I)/2004. The Supreme Court held that Tug boats, classified under PCT Code 8904.0000, serve a distinct function of pushing vessels to shore and are functionally and legally separate from drilling and seismic vessels. The Court held that exemption notifications must be strictly construed and reversed the High Court judgment.

  Questions settled

  • Whether Tug boats used for pushing oil tankers fall within the scope of exemption under SRO 678(I)/2004 for drilling and seismic vessels?
  • Does a distinct Pakistan Customs Tariff heading preclude an imported item from claiming exemption under a general or misclassified category?
  • Are temporary imports of specialized vessels exempt from customs duty in the absence of explicit coverage under relevant tax exemption notifications?
  Read full judgment →
• Aurangzeb Versus State2020 SCMR 612 · Supreme Court of Pakistan · 2020-03-02
  post-mortem examinationocular evidencecondonation of delaySection 302 PPCcorroborationacquittal of co-accusedprompt FIRsafe administration of criminal justice
  Summary & questions settled

  This criminal petition arose from a conviction under Section 302(b) of the Pakistan Penal Code 1860, where the petitioner was sentenced to life imprisonment for committing homicide with a firearm during a public event. The core legal questions before the Supreme Court involved whether the ocular testimony of related witnesses could be relied upon without independent corroboration after the acquittal of six co-accused, and whether a delay in filing the petition due to financial incapacity could be condoned. The Supreme Court condoned the delay of 626 days in filing the petition. Examining the merits, the Court upheld the conviction, holding that the prompt reporting of the incident, consistency in assigning the specific fatal role to the petitioner, and alignment with medical evidence excluded any possibility of false substitution or deliberation. The Court reiterated the principle that the acquittal of co-accused out of abundant caution does not automatically undermine the credible, consistent ocular evidence directly implicating the main accused in a broad-daylight occurrence.

  Questions settled

  • Can a conviction be sustained on ocular evidence against a primary accused after co-accused have been acquitted on the same evidence?
  • Does financial incapacity constitute sufficient cause for condoning delay in filing a criminal petition from jail?
  • Does the failure to obtain a positive forensic report on a recovered weapon automatically invalidate an otherwise consistent ocular account?
  Read full judgment →
• Dr. Shamim Tariq Versus International Islamic University, Islamabad2020 SCMR 568 · Supreme Court of Pakistan · 2020-02-12
  public appointmenteligibility criteriaquo warrantoequal opportunityselection processservice lawacademic appointment
  Summary & questions settled

  This matter concerns a challenge to the appointment of a respondent as an Assistant Professor (Urdu) at the International Islamic University, Islamabad. The core legal question was whether the appointment was valid given that the respondent did not possess the mandatory Ph.D. or equivalent qualification on the closing date specified in the advertisement. The Supreme Court held that the appointment was illegal, as the respondent failed to meet the prescribed eligibility criteria at the time of application. The Court emphasized that strict adherence to statutory rules and selection procedures is essential to uphold the principles of equal opportunity and fair treatment in public employment. Deviating from these criteria undermines the rule of law. Consequently, the Court set aside the respondent's appointment and directed the University to conduct a fresh selection process among the remaining eligible, shortlisted candidates, excluding both the petitioner and the respondent. The Court clarified that while a quo warranto petition can result in the removal of an unqualified incumbent, it does not automatically entitle the petitioner to the vacant position.

  Questions settled

  • Can an appointment to a public post be sustained if the candidate did not possess the mandatory qualifications on the closing date for applications?
  • Does a successful quo warranto petition automatically entitle the petitioner to be appointed to the vacated post?
  • Is strict adherence to prescribed selection criteria mandatory for public institutions to ensure equal opportunity?
  Read full judgment →
• Province of Punjab through Secretary Agriculture Department, Lahore Versus Muhammad Arif2020 SCMR 507 · Supreme Court of Pakistan · 2020-02-14
  regularization of servicecontract employeesproject-based employmentPunjab Regularization of Service Act 2018vested rightsservice law
  Summary & questions settled

  This appeal arises from the Lahore High Court's decision to regularize the services of contract employees engaged under the World Bank-assisted 'Punjab Irrigated Agriculture Productivity Improvement Project.' The core legal question was whether project-based contract employees are entitled to regularization under the Punjab Regularization of Service Act, 2018. The Supreme Court held that the High Court erred in granting regularization. The Court determined that the 2018 Act explicitly excludes persons appointed to project-based posts from its definition of 'contract employee.' The judgment establishes that there is a qualitative and conceptual distinction between general contract employees and project-based employees. Because project appointments are time-bound and sanctioned only for the duration of the project, such employees possess no vested right to regularization or continued employment upon the project's completion. Consequently, the Court set aside the High Court's orders, affirming that project employees cannot claim the benefits intended for regular government department contract employees, as their service terms are governed strictly by their specific project contracts.

  Questions settled

  • Are project-based contract employees entitled to regularization under the Punjab Regularization of Service Act, 2018?
  • Does a contract employee appointed to a time-bound project possess a vested right to regularization?
  • Does the definition of 'contract employee' under the Punjab Regularization of Service Act, 2018 include persons appointed to project-based posts?
  Read full judgment →
• Commissioner of Income Tax (Legal) Rto, Abbottabad Versus Ed-Zublin Ag Germany2020 SCMR 500 · Supreme Court of Pakistan · 2019-09-26
  tax referencelimitation periodreview petitionrectification of clerical errorinherent jurisdictionincome tax
  Summary & questions settled

  This civil appeal before the Supreme Court of Pakistan arises from the High Court's dismissal of a Tax Reference as time-barred and its subsequent dismissal of a review petition as incompetent. The core legal question was whether the High Court, exercising reference jurisdiction under the Income Tax Ordinance, 2001, could correct a factual error regarding the date of receipt of an appellate tribunal's order. The Supreme Court held that while the High Court does not possess inherent review jurisdiction under the statute, it possesses inherent jurisdiction to treat a review application as an application for the rectification of a clerical or factual error. The Court laid down the principle that courts are not fettered from converting one type of proceeding into another to correct an obvious clerical error and ensure that justice is not defeated by technicalities, thereby remanding the matter for decision on merits.

  Questions settled

  • Whether the High Court is vested with review jurisdiction under section 133 of the Income Tax Ordinance, 2001?
  • Can a review application seeking the correction of a clerical date error be treated as an application for rectification?
  • Does the High Court have the inherent power to convert one type of proceeding into another to correct an obvious error?
  Read full judgment →
• Mushtaq Ahmad Versus State2020 SCMR 474 · Supreme Court of Pakistan · 2020-01-09
  narcotic possessionforensic reportprotocolchemical analysisdirectory rulesconviction appealcharas
  Summary & questions settled

  The petitioner challenged his conviction under Section 9(c) of the Control of Narcotic Substances Act, 1997, for possession of 1460 grams of Charas, which was upheld by the Lahore High Court. The core legal question was whether the forensic report was legally deficient for failing to include 'protocols' as required by Rule 6 of the Control of Narcotic Substance (Govt. Analysis) Rules, 2001, and the precedent set in State v. Imam Bukhsh. The Supreme Court held that the forensic report, which detailed the analytical balance, chemical spot tests, and Gas Chromatography-Mass Spectrometry used, sufficiently met the required standards for 'protocol'. The Court clarified that the term 'protocol' refers to a formal record of experimental observations, which the report provided. Furthermore, the Court held that Rule 6 is directory in nature and does not prevent an accused from summoning an expert to solicit specific details. Consequently, the petition was dismissed, affirming the concurrent findings of the lower courts.

  Questions settled

  • Does a forensic report failing to explicitly label 'protocols' violate Rule 6 of the Control of Narcotic Substance (Govt. Analysis) Rules, 2001?
  • Is Rule 6 of the Control of Narcotic Substance (Govt. Analysis) Rules, 2001, mandatory or directory in nature?
  • Can an accused challenge a forensic report for lack of detail without summoning the expert witness?
  Read full judgment →
• State Life Insurance Corporation of Pakistan Versus Muzafar Ali2020 SCMR 463 · Supreme Court of Pakistan · 2019-03-20
  life insuranceaccidental death and indemnity benefitpermanent disabilitycross-examinationliquidated damagesinsurance claim
  Summary & questions settled

  This civil petition arose from a dispute regarding a claim filed under an Accidental Death and Indemnity Benefit Policy (AIB Policy) supplementary to a life insurance policy. The petitioner, State Life Insurance Corporation, challenged the concurrent findings of the lower forums, arguing that the claim was filed out of time, that there was insufficient evidence of permanent disability, and that liquidated damages were not leviable. The Supreme Court of Pakistan observed that the issue of limitation was not framed before the Insurance Tribunal and could not be raised. On the merits, the Court held that the respondent's permanent disability (traumatic paraplegia) was established as his testimony of being wheelchair-bound was not cross-examined, and the petitioner had itself previously granted sickness benefits based on the same medical evidence. Furthermore, the Court ruled that liquidated damages under Section 118 of the Insurance Ordinance, 2000 are a statutory requirement in cases of late settlement of claims. Consequently, the Court refused leave to appeal and dismissed the petition.

  Questions settled

  • What is the legal effect of a failure to cross-examine a witness on a material fact, such as the occurrence of an accident and subsequent permanent disability?
  • Can an insurance company reject medical evidence for one benefit under a policy when it has already accepted the same evidence to grant another benefit under the same policy?
  • Are liquidated damages under Section 118 of the Insurance Ordinance, 2000 a mandatory statutory requirement in cases of late settlement of claims?
  Read full judgment →
• Chief Secretary, Government of the Punjab, Lahore Versus Zia-Ur-Rehman2020 SCMR 436 · Supreme Court of Pakistan · 2020-01-13
  traffic wardenservice tribunaladditional basic payfreezing of allowancespay paritycivil servantsterms of appointment
  Summary & questions settled

  This appeal by the Chief Secretary of the Punjab challenged a judgment of the Punjab Service Tribunal which had allowed a service appeal filed by the respondent Traffic Warden and directed the restoration and release of certain emoluments—specifically, one additional basic pay plus 20 days fixed daily allowance—that had been frozen pursuant to a government notification. The core legal question concerned the proper interpretation of the terms of the respondent's appointment letter regarding pay and allowances, and the validity of freezing special pay and allowances across the provincial government. The Supreme Court allowed the appeal and set aside the Tribunal's judgment, holding that the respondent's terms of appointment guaranteed emoluments at par with the Punjab Highway Patrol Police rather than an immutable additional basic pay, and that the government notification dated 11.07.2011 lawfully froze special pays and allowances for all civil servants to maintain parity without resulting in discrimination. The key principle laid down is that government service terms regarding parity of pay must be interpreted contextually, and general notifications freezing special allowances to rationalize pay scales apply uniformly unless validly challenged.

  Questions settled

  • Whether an unaccepted letter of offer can supersede the formal letter of appointment issued by the competent authority?
  • Does an additional basic pay granted as a special allowance form part of the basic pay subject to annual increments?
  • Whether the government has the authority to freeze special pays and allowances for civil servants through a general notification?
  • Does the freezing of allowances uniformly across government departments constitute unlawful discrimination?
  Read full judgment →
• Fayaz Khan Versus Government of Pakistan through Secretary Aviation Cabinet Secretariat, Aviation Division, Islamabad2020 SCMR 432 · Supreme Court of Pakistan · 2020-01-14Read full judgment →
• Fazal Wahab Versus State2020 SCMR 404 · Supreme Court of Pakistan · 2019-10-14
  narcotic possessionforensic science laboratory reportchain of custodycriminal appealleave to appealsentence reduction
  Summary & questions settled

  This matter concerns a petition for leave to appeal against the judgment of the Peshawar High Court, which had upheld the petitioner's conviction under the Control of Narcotic Substances Act, 1997, while reducing his sentence. The petitioner was convicted for the possession of 6000 grams of charas gardah. The core legal question was whether the prosecution had successfully established the safe custody and transmission of the recovered narcotic samples to the Forensic Science Laboratory, given that the Forensic Science Laboratory report initially omitted the name of the constable who transported the samples. The Supreme Court held that the prosecution had sufficiently proven its case. The court observed that the testimony of the constable (CW.2), who confirmed he transmitted the parcels, cured the procedural defect in the report. Furthermore, the court found no evidence of malice against the prosecution witnesses. Consequently, the Supreme Court dismissed the petition, affirming the findings of guilt and the sentence imposed by the High Court, holding that no interference was warranted as the prosecution had met its burden of proof.

  Questions settled

  • Does the omission of a transporting official's name in a Forensic Science Laboratory report necessarily invalidate the prosecution's case regarding the chain of custody?
  • Can oral testimony of a witness during trial cure a procedural omission in a forensic report regarding the transmission of sample parcels?
  • Is the conviction under the Control of Narcotic Substances Act, 1997 sustainable when prosecution witnesses remain consistent on material aspects and no malice is proven?
  Read full judgment →
• Shabla Versus Ms. Jahan Afroz Khilat2020 SCMR 352 · Supreme Court of Pakistan · 2019-11-13Read full judgment →
• Muhammad Siddique Versus State2020 SCMR 342 · Supreme Court of Pakistan · 2020-01-02
  abduction for ransomtest identification paradeappraisal of evidencecriminal appealeyewitness testimony
  Summary & questions settled

  This criminal petition, authored by Qazi Muhammad Amin Ahmed, J., arises from the judgment of the High Court of Sindh dated 10.12.2015, which maintained the convictions of the petitioners for abduction for ransom while altering their death penalty to imprisonment for life. The core legal questions involved whether discrepancies regarding the number of assailants and the evidentiary value of a test identification parade warranted setting aside the conviction, and how identification parades and fractional recoveries in abduction cases ought to be evaluated. The Supreme Court held that minor discrepancies in the initial report do not vitiate the prosecution case where eyewitnesses and the abductee remain consistent, and that test identification parades are to be appraised based on the facts and circumstances of each case without imposing unrealistic burdens on the prosecution. The court dismissed the petitions, affirming the conviction and life imprisonment.

  Questions settled

  • Whether an apparent discrepancy in the initial crime report regarding the number of assailants adversely impacts the prosecution case when eyewitnesses remain consistent?
  • How should evidence relating to a test identification parade be appraised in criminal trials involving abductions and dacoities?
  • Does the law cast an artificially heavier onus on the prosecution to demand exact re-enactment of specific roles played by culprits in calamitous situations like abductions?
  Read full judgment →
• Muhammad Saleem Versus Federal Public Service Commission2020 SCMR 221 · Supreme Court of Pakistan · 2019-12-16
  civil serviceoccupational groupsabsorptiondeputationhorizontal movementlateral entryservice tribunalterms and conditions of service
  Summary & questions settled

  This appeal concerns the legality of the permanent absorption of civil servants into the Military Lands and Cantonments (ML&C) Group. The appellant, an officer within the ML&C Group, challenged the absorption of officers from other occupational groups, arguing it violated the Civil Servants Act 1973 and the Civil Servants (Appointment, Promotion and Transfer) Rules, 1973. The Supreme Court examined the constitutional and legal framework governing civil services, specifically the relationship between the 1973 Act and the Office Memorandums (OMs) creating Occupational Groups. The Court held that these OMs are valid exercises of the rule-making power delegated under Section 25 of the Civil Servants Act 1973 and possess equal legal standing with other rules framed thereunder. Consequently, the OMs are not subordinate to the Civil Servants (Appointment, Promotion and Transfer) Rules, 1973. The Court found that the absorption of the respondents complied with the specific criteria for 'horizontal movement' and 'lateral entry' set out in the ML&C Group OM, as they were based on identified shortages and proper departmental vetting. The appeal was dismissed, affirming the lawfulness of the absorption process.

  Questions settled

  • Are Office Memorandums creating Occupational Groups subordinate to the Civil Servants (Appointment, Promotion and Transfer) Rules, 1973?
  • Does the Civil Servants Act 1973 provide a legal basis for the permanent absorption of civil servants from other groups into a specific Occupational Group?
  • Can the 'horizontal movement' or 'lateral entry' provisions in an Office Memorandum be invoked to absorb deputationists into an Occupational Group?
  • Is the power to regulate terms and conditions of civil servants vested solely in the legislature under the Constitution of Pakistan 1973?
  Read full judgment →
• Ajmir Shah Versus The Inspector-General, Frontier Corps Khyber Pakhtunkhwa2020 SCMR 2129 · Supreme Court of Pakistan · 2020-08-19
  limitationdepartmental appealservice mattercondonation of delayFrontier Corpsdismissal from service
  Summary & questions settled

  This civil petition arose from the dismissal of the petitioner's service appeal by the Federal Service Tribunal as time-barred. The petitioner, a Sepoy with the Bajour Scouts of the Frontier Corps, was dismissed from service in October 2008 under Section 10 of the Frontier Corps Ordinance, 1959. He failed to file a departmental appeal within the prescribed one-month period under Rule 14 of the Frontier Corps Rules, 1961, and instead filed it after more than four years, claiming he was waiting for the outcome of a colleague's service appeal. The Supreme Court of Pakistan held that waiting for a colleague's case outcome does not constitute a sufficient cause for delay. The Court emphasized that where a statute or rule prescribes a specific manner for doing an act, it must be done in that manner. Under Rule 14, only the authority that passed the original order could certify and extend the limitation period, and no such certification was obtained. Consequently, the Court dismissed the petition and refused leave to appeal.

  Questions settled

  • Whether an employee waiting for the outcome of a colleague's service appeal constitutes a sufficient cause for condonation of delay in filing their own departmental appeal?
  • Can an appellate authority impliedly condone a delay in filing a departmental appeal when the relevant rules vest the power of extension solely in the original authority?
  • Does the principle that 'where law requires something to be done in a particular manner, it must be done in that manner' apply to statutory limitation and extension procedures?
  Read full judgment →
• Muhammad Javed Versus State2020 SCMR 2116 · Supreme Court of Pakistan · 2020-08-07
  murderbenefit of doubtsuppression of injuriesmutually destructive evidenceacquittalcriminal appeal
  Summary & questions settled

  This petition for leave to appeal was filed by the petitioner against his conviction under Section 302(b) of the Pakistan Penal Code 1860, where he was sentenced to life imprisonment for the murder of a grocery vendor. The core legal question before the Supreme Court was whether a conviction can be sustained when prosecution witnesses suppress material facts, including injuries sustained by the accused and their family members during the same transaction, and where the evidence presents mutually destructive accounts of the incident. The Supreme Court observed that the prosecution witnesses failed to explain or mention the extensive injuries suffered by the petitioner, his mother, and his sister at the time of the incident, which were documented by the investigating officer and medical officers. Furthermore, the testimonies of the prosecution witnesses contradicted one another, and the petitioner had provided a consistent defense version from the outset. The Supreme Court held that suppression of material facts and mutually destructive prosecution evidence creates fatal doubt. The Court converted the petition into an appeal, set aside the conviction, and acquitted the petitioner by granting him the benefit of doubt.

  Questions settled

  • Whether the suppression of material injuries sustained by an accused during the same occurrence creates reasonable doubt in the prosecution case?
  • Can a conviction be maintained where prosecution witnesses present mutually destructive statements regarding the occurrence?
  • Whether an accused is entitled to acquittal when the prosecution fails to reconcile its account with a plausible defense version supported by medical and investigative evidence?
  Read full judgment →
• The Commissioner Inland Revenue Versus The Secretary Revenue Division2020 SCMR 2055 · Supreme Court of Pakistan · 2020-09-28
  income tax exemptionmoderately affected areafranchisee commissionfinal tax regimeexemption certificatetax refund
  Summary & questions settled

  This appeal arises out of the Income Tax Ordinance, 2001, concerning whether a taxpayer located in a moderately affected area of Khyber Pakhtunkhwa was entitled to a tax exemption under clause (126F) of Part I of the Second Schedule to the said Ordinance. The respondent, a mobile company franchisee operating in District Nowshera, sought an exemption certificate from advance tax deduction on commissions, which the Commissioner refused. The High Court ruled in favor of the taxpayer, prompting the department to appeal to the Supreme Court, relying on the precedent in Husnain Cotex Limited v. Commissioner Inland Revenue and section 169 regarding final tax regimes. The Supreme Court held that the respondent fell squarely within the intended class of 'affectees' of the adverse business environment for whom the exemption clause was enacted, and that section 169 did not bar the relief sought. The Court dismissed the appeal, affirming that taxpayers physically located and operating within the specified affected areas under the normal tax regime are entitled to the benefit of the exemption clause.

  Questions settled

  • Whether a taxpayer located in a moderately affected area is entitled to the benefit of tax exemption under clause (126F) of Part I of the Second Schedule to the Income Tax Ordinance, 2001?
  • Does the final tax regime under section 169 of the Income Tax Ordinance, 2001 preclude a qualified taxpayer from claiming the tax exemption provided under clause (126F)?
  • Can the tax department deny an exemption certificate and subsequently rely on the resulting tax deduction to bar a refund under section 169?
  Read full judgment →
• Muhammad Ashraf Versus State2020 SCMR 1841 · Supreme Court of Pakistan · 2020-08-03
  murderous assaultocular accountmedical evidenceabscondencecriminal petitionappraisal of evidencesafe administration of criminal justice
  Summary & questions settled

  This is a criminal petition arising from a family dispute and sudden brawl that resulted in the death of Samra Hafeez and injuries to two other family members. The petitioner was convicted under Section 302(b) of the Pakistan Penal Code 1860 and sentenced to death, which the High Court later altered to imprisonment for life alongside a conviction for murderous assault. The core legal question before the Supreme Court was whether the ocular account, corroborated by medical evidence, sufficiently established the petitioner's presence, participation, and culpability in the crime, notwithstanding contentions regarding a failed motive and selective readings of witness depositions. The Supreme Court held that the daylight occurrence, corroborated by injured eyewitnesses who were inmates of the premises, firmly established the petitioner's guilt, leaving no space for any hypothesis of innocence. The petition was consequently dismissed and leave to appeal was declined, affirming the conviction in accordance with the safe administration of criminal justice.

  Questions settled

  • Whether the ocular account of injured eyewitnesses provides sufficient corroboration to sustain a conviction for murder and murderous assault?
  • Does a selective reading of a witness deposition suffice to establish the absence of an accused from the scene of a crime?
  • Whether the failure of a prosecution motive or inconsequential recovery of a weapon vitiates an otherwise consistent and reliable eyewitness account?
  Read full judgment →
• Dr. Sohail Hassan Khan Versus Director General (Research), Livestock and Dairy Development Department, Punjab, Lahore2020 SCMR 1708 · Supreme Court of Pakistan · 2020-08-20
  departmental inquirymisconductfinancial corruptiondouble jeopardyproportionality of penaltycivil service
  Summary & questions settled

  This civil petition arose from the removal and compulsory retirement of the petitioners, who were officials at the Poultry Research Institute, Rawalpindi. They were charged under the Punjab Employees Efficiency, Discipline and Accountability Act 2006 for abusing their official positions, operating unauthorized bank accounts, and pocketing profits from a donor-funded poultry package meant for earthquake victims. Although a de novo inquiry officer recommended lighter penalties, the competent authority restored the major penalties of removal and compulsory retirement originally proposed. The petitioners challenged these penalties, arguing that their exoneration by the Anti-Corruption Department vindicated them and that the restored penalties were disproportionately harsh. The Supreme Court of Pakistan dismissed the petitions, holding that departmental proceedings are independent of criminal prosecutions and are governed by different standards of proof. The Court ruled that the principle of proportionality does not apply to financial corruption, as public authority is a sacred trust demanding absolute rectitude, and once a public servant betrays that trust, they cannot be retained in service.

  Questions settled

  • Does the acquittal or exoneration of a civil servant in a criminal case bar the department from initiating or continuing disciplinary proceedings based on the same transaction?
  • Does the principle of proportionality of penalty apply to cases involving financial corruption or misappropriation of public funds by a public servant?
  • Can a competent authority restore the original major penalties proposed in an earlier inquiry after a de novo inquiry officer recommends lighter penalties without it being deemed an unlawful enhancement?
  Read full judgment →
• Farman Ullah Versus State2020 SCMR 1687 · Supreme Court of Pakistan · 2020-08-13
  post-arrest baildelay in FIRsudden affraystone peltingfurther inquiryconstitutional right to liberty
  Summary & questions settled

  The petitioner sought leave to appeal against the order of the Peshawar High Court declining him post-arrest bail in a case registered under Sections 337-A(v) and 34 of the Pakistan Penal Code 1860. The core legal question was whether the petitioner was entitled to post-arrest bail considering the delay in lodging the FIR, the nature of the scuffle, and the attending circumstances of the case. The Supreme Court converted the petition into an appeal and allowed it, granting post-arrest bail to the petitioner. The court held that where an incident occurs at the spur of the moment involving stone pelting from both factions during a sudden altercation, and there is an unexplained inordinate delay in lodging the FIR alongside a delayed recovery of the weapon from an open place, the case calls for further inquiry under Section 497 of the Code of Criminal Procedure 1898. The key principles laid down include that the liberty of a person is a precious constitutional right and that cumulative attending circumstances such as delayed reporting and sudden affray can tilt the balance in favor of granting post-arrest bail even if an injury is attributed to a vital part of the body.

  Questions settled

  • Whether unexplained delay of nine days in lodging the FIR warrants the grant of post-arrest bail?
  • Does an incident arising from a sudden altercation involving mutual stone pelting bring the case within the scope of further inquiry under Section 497 of the Code of Criminal Procedure 1898?
  • Whether post-arrest bail can be granted when injuries are sustained on a vital part of the body but attending circumstances cast doubt on the prosecution's version?
  Read full judgment →
• Naimatullah Khan Versus Federation of Pakistan2020 SCMR 1499 · Supreme Court of Pakistan · 2020-08-12
  Karachi Port TrustNational Disaster Management Authorityillegal encroachmenthousing societyenvironmental ecologynullah cleaningvoid ab initio
  Summary & questions settled

  This judgment addresses various applications and petitions concerning municipal and environmental matters in Karachi, notably involving the National Disaster Management Authority (NDMA) and the Karachi Port Trust (KPT). The core legal questions revolved around the legality of KPT leasing its land for residential housing societies to its employees and whether such leases, transfers, or sales were authorized under the governing statute. The Supreme Court held that the Board of Trustees of KPT lacked the legal authority to lease or transfer port land for residential housing purposes to its employees, and that even the Federal Government could not sanction acts lacking statutory support and negatively impacting the environment. The court dismissed the review petitions and civil miscellaneous applications seeking to uphold or modify such leases, declaring them void ab initio, while issuing directives regarding compensation, refund of amounts with mark-up to purchasers, and the removal of encroachments and unauthorized constructions in parks and nullahs by the NDMA and local authorities. The key principles laid down emphasize that statutory bodies cannot exceed their statutory mandates, one illegality does not justify another, and transactions harming ecology without statutory backing are void.

  Questions settled

  • Whether the Board of Trustees of the Karachi Port Trust is authorized by law to lease or transfer port property for residential housing purposes to its employees?
  • Does the Federal Government have the authority to sanction an act of a statutory body that lacks statutory dispensation and negatively impacts the environment?
  • Whether leases, transfers, or sales of KPT land to its officers and servants for housing societies are void ab initio?
  • What is the appropriate mechanism for refund and compensation when unauthorized land allotments and subsequent transfers are cancelled by the court?
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• Naimatullah Khan Versus Federation of Pakistan2020 SCMR 1488 · Supreme Court of Pakistan · 2020-08-11
  electricity supplyfundamental rightsload sheddingelectrocutionNEPRAregulatory oversightright to life
  Summary & questions settled

  This matter concerns the ongoing issues regarding electricity supply, load shedding, and frequent electrocution incidents in Karachi involving K-Electric. The Supreme Court addressed the failure of K-Electric to prevent electrocutions and the regulatory oversight by NEPRA. The Court held that the Federal Government and NEPRA have a constitutional duty to ensure citizens are not deprived of electricity, as access to electricity is inextricably linked to fundamental rights, including the right to life, dignity, privacy, and the right to conduct trade or business. The Court directed the CEO of K-Electric to submit a roadmap for achieving zero load shedding and mandated that the Federal Government ensure the appointment of members to the NEPRA Appellate Tribunal within two months. Furthermore, the Court warned that future electrocution incidents would result in criminal proceedings and the recovery of exceptional damages from K-Electric officials. The key principle laid down is that the State and its functionaries cannot abdicate their constitutional responsibility to secure fundamental rights, including the provision of essential services like electricity, which are vital for the economic and social well-being of the citizenry.

  Questions settled

  • Is the provision of electricity a fundamental right under the Constitution of Pakistan 1973?
  • Can the State abdicate its duty to ensure the provision of essential services like electricity to its citizens?
  • What are the legal consequences for K-Electric officials in the event of future electrocution incidents in Karachi?
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• Naimatullah Khan Versus Federation of Pakistan2020 SCMR 1474 · Supreme Court of Pakistan · 2020-08-10
  encroachmentamenity plotpublic parkdemolitionKarachi Circular Railwayheritage buildingpublic interest litigation
  Summary & questions settled

  This order of the Supreme Court of Pakistan addresses multiple public interest issues, urban planning violations, and encroachments across Karachi. The matters include the construction of underpasses for the Karachi Circular Railway, the demolition of illegally constructed towers at Royal Park, and the removal of unauthorized private schools and residential encroachments from amenity plots and public parks (Kidney Hill Park and Hill Park). The Court held that amenity plots and public park lands cannot be converted for commercial, private, or residential use, declaring all such allotments and encroachments patently illegal and void. The Court directed the immediate removal of these encroachments, ordered the restoration of public parks, and stayed unauthorized construction on heritage sites like the Karachi Gymkhana. The key principles laid down are that public amenity plots and park lands are held in trust for the public, cannot be legally transferred or used for commercial or private purposes, and any such illegal transactions are void ab initio, requiring restoration of the land to its public character.

  Questions settled

  • Can an amenity plot or public park land be legally transferred, leased, or sold for private or commercial purposes?
  • What is the legal status of residential or commercial structures built on land designated as a public park?
  • Can construction be carried out on a heritage site without the approval of the relevant heritage and building control authorities?
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• Commissioner Faisalabad Division, Faisalabad Versus Allah Bakhsh2020 SCMR 1418 · Supreme Court of Pakistan · 2020-07-01
  misconductservice tribunalquantum of punishmentgovernment propertydisciplinary proceedingsscope of appellate powerdismissal from service
  Summary & questions settled

  This appeal arose from a decision of the Punjab Service Tribunal, which reduced a penalty of dismissal imposed on a government servant for the unauthorized transfer of government land. The core legal question concerned the scope of the Tribunal's powers under the Service Tribunals Act to modify departmental penalties. The Supreme Court held that the Tribunal's powers are not unbridled, discretionary, or unstructured. When a government servant admits to misconduct involving the embezzlement or unauthorized transfer of government property, such conduct cannot be treated leniently. The Court emphasized that departmental authorities possess the prerogative to determine the quantum of punishment once misconduct is established. The Tribunal may only interfere if the penalty is perverse or demonstrably disproportionate, and such interference requires detailed, legally sustainable reasoning that withstands judicial scrutiny. Finding the Tribunal's reduction of the penalty lacked cogent reasoning and exceeded its jurisdiction, the Supreme Court set aside the impugned judgment and restored the respondent's dismissal from service.

  Questions settled

  • Are the powers of a Service Tribunal to modify departmental penalties under the Service Tribunals Act discretionary and unbridled?
  • Can a Service Tribunal reduce a penalty imposed by a departmental authority without providing detailed, legally sustainable reasoning?
  • Does the unauthorized transfer of government land by a government servant constitute misconduct warranting dismissal?
  • Is the recovery of government property a mitigating factor in disciplinary proceedings against a government servant for misconduct?
  Read full judgment →
• Sui Southern Gas Company Limited, Karachi Versus Imdad Ali Pathan2020 SCMR 1259 · Supreme Court of Pakistan · 2020-07-02
  master and servantservice disputeconcurrent findingsrevision applicationdeclaratory decreeESTACODEremand
  Summary & questions settled

  This civil appeal arises from a service dispute involving a former Chief Engineer of the Sui Southern Gas Company Limited. The respondent filed a suit for a declaratory decree following the acceptance of his resignation, which was dismissed by the trial court and the appellate court. The High Court, in a revision application, reversed these concurrent findings and directed the appellant to calculate pensionary benefits. The core legal question was whether the High Court erred in applying the ESTACODE—which governs civil servants—to an employee of a company where the master-servant relationship applies, and whether it was justified in disturbing concurrent findings of the lower courts without addressing the maintainability of the suit. The Supreme Court held that the High Court failed to properly consider the applicability of service rules and the nature of the employment relationship. Consequently, the Supreme Court set aside the impugned judgment and remanded the matter to the High Court for a fresh decision, emphasizing the necessity of addressing the specific legal status of the employee and providing reasons for interfering with concurrent findings.

  Questions settled

  • Whether the principle of master and servant applies to employees of Sui Southern Gas Company Limited?
  • Can the High Court interfere with concurrent findings of lower courts without addressing the legal basis for such interference?
  • Is the ESTACODE applicable to employees of a company that is not a statutory corporation?
  Read full judgment →
• Abdul Karim Versus Nasir Salim Baig2020 SCMR 121 · Supreme Court of Pakistan · 2019-01-24
  encroachmentpublic amenity landKarachi master plancantonment landjudicial oversighturban planningillegal construction
  Summary & questions settled

  This matter concerns the ongoing judicial oversight of illegal encroachments and unauthorized commercial constructions on public lands, parks, and amenity plots across Karachi. The core legal question involves the state's obligation to restore public lands—including those designated for parks, playgrounds, and railway operations—to their original intended use and the removal of illegal commercial structures such as marriage halls and markets. The Court, in its holding, acknowledged the compliance regarding the demolition of specific illegal structures on KW&SB land and the development of a public park. Furthermore, the Court directed the Advocate General of Sindh to coordinate with various government agencies, including KDA, KMC, and Cantonment Boards, to formulate a comprehensive plan for city restoration, rehabilitation of displaced persons, and the removal of encroachments from cantonment and state lands. The key principle established is the state's mandatory duty to protect public amenity land from commercial encroachment, ensuring that lands designated for public use are strictly utilized for their intended purposes, and the requirement for state authorities to submit actionable plans for the restoration of the city's master plan.

  Questions settled

  • Is the state obligated to restore public lands designated for parks and amenities that have been illegally occupied for commercial purposes?
  • Can the Court mandate the removal of commercial structures, such as marriage halls and markets, constructed on land designated for cantonment or public use?
  • Does the Court have the authority to require government agencies to coordinate and submit a comprehensive plan for the restoration of a city's original master plan?
  Read full judgment →
• Nawab Siraj Ali Versus State2020 SCMR 119 · Supreme Court of Pakistan · 2019-09-17
  leave to appealanti-terrorism actocular evidencemedical evidencenon-compoundable offencecriminal appealpremeditated murder
  Summary & questions settled

  The petitioners challenged their convictions and sentences for the murder of Shahzaib son of Aurangzeb, originally registered under Sections 302 and 34 of the Pakistan Penal Code 1860, read with Section 7 of the Anti-Terrorism Act 1997. Following a trial, the petitioners were convicted and sentenced, with some receiving death sentences and others life imprisonment. The High Court upheld the convictions but commuted the death sentences to life imprisonment. Before the Supreme Court, the petitioners argued that the incident was not premeditated, the ocular evidence was unreliable and contradictory, medical evidence failed to corroborate witness accounts, and the provisions of the Anti-Terrorism Act 1997 were inapplicable to the facts of the case. Furthermore, the petitioners noted that while a compromise had been reached between the parties, it could not be materialized due to the non-compoundable nature of the offence under the Anti-Terrorism Act 1997. The Supreme Court, upon considering these submissions regarding the applicability of anti-terrorism laws and the evidentiary challenges, granted leave to appeal to examine the merits of the case.

  Questions settled

  • Does a criminal incident involving murder necessarily attract the provisions of the Anti-Terrorism Act 1997?
  • Can a compromise between parties be accepted if the conviction includes a non-compoundable offence under the Anti-Terrorism Act 1997?
  • Does the late submission of crime empties to the Forensic Science Laboratory undermine the prosecution's case?
  Read full judgment →
• Tariq Saeed Versus State2020 SCMR 1177 · Supreme Court of Pakistan · 2020-06-12
  white-collar crimecorruption and corrupt practicesassets disproportionate to known sourcesplea bargainreduction of sentenceunrebutted evidenceNational Accountability Ordinance
  Summary & questions settled

  The petitioner, a public servant, sought leave to appeal against the judgment of the Lahore High Court upholding his conviction and sentence under the National Accountability Ordinance, 1999, for corruption and corrupt practices, specifically acquiring assets disproportionate to his known sources of income. The core legal question concerned whether the prosecution substantiated the charges and if the use of attested copies of documents vitiated the trial. The Supreme Court held that the concurrent findings of guilt by the lower courts were well-founded and supported by unrebutted evidence, rejecting the petitioner's contentions regarding document admissibility. However, considering the petitioner's advanced age, poor health, and the substantial portion of the sentence already served, the Court partly allowed the appeal by reducing the sentence of imprisonment from seven years to five years, while maintaining the fine and the confiscation order. The key principle laid down is that unrebutted evidence during cross-examination is treated as an admitted fact, and while white-collar crimes demand strict deterrence, mitigating factors like old age and health may be considered for sentence reduction.

  Questions settled

  • Whether failure to cross-examine a witness on a material aspect leads to the conclusion that the testimony is an admitted fact?
  • Can a sentence of imprisonment under the National Accountability Ordinance, 1999 be reduced on the grounds of old age and poor health?
  • Whether the concurrent findings of fact by the trial court and the High Court regarding corruption charges warrant interference by the Supreme Court?
  Read full judgment →
• Collector of Custom FBR Versus Fitter Pakistan (Pvt.) Ltd.2020 SCMR 1157 · Supreme Court of Pakistan · 2020-02-25
  sales tax exemptiontax interpretationPakistan Customs Tarifftextile exemptionstrict construction of statutesburden of proof in tax matters
  Summary & questions settled

  The respondent imported 'Artificial Filament Tow' (PCT Heading 5502.0090) and claimed a sales tax exemption under SRO 509(I)/2007, which granted zero-rated sales tax to 'Textile and articles thereof' falling under Chapters 50 to 63 of the Pakistan Customs Tariff. The departmental authorities denied the exemption, finding the imported item was used for cigarette filter rods and did not qualify as a textile item. The High Court allowed the respondent's petition, assuming the item was a textile. The Supreme Court set aside the High Court's judgment, holding that tax exemptions must be construed strictly and the taxpayer bears the burden of proving eligibility. The Court affirmed that the item, being used for cigarette filters, did not meet the description of 'textiles and articles thereof' required by the notification. It established that where an exempting provision is susceptible to two interpretations, the construction favoring the tax authority is preferred, and literal interpretation of the description in an exemption notification is mandatory.

  Questions settled

  • Does the classification of an item under a specific PCT chapter automatically qualify it for a tax exemption restricted to a specific description of goods?
  • What is the rule of interpretation when an exempting provision in a tax statute is susceptible to two different interpretations?
  • Is 'Artificial Filament Tow' used for cigarette filter rods considered a 'textile or article thereof' for the purposes of SRO 509(I)/2007?
  Read full judgment →
• Commissioner Inland Revenue Legal Division, Rto III Karachi Versus Yasmeen Bano2020 SCMR 1120 · Supreme Court of Pakistan · 2020-02-24
  wealth taxlimitation periodsuo motu revisionrevisional powerstatutory interpretationrevenue protection
  Summary & questions settled

  This civil appeal before the Supreme Court of Pakistan arose from a dispute regarding the limitation period applicable to the exercise of suo motu revisional power by the Commissioner under Section 25(2) of the Wealth Tax Act, 1963. The High Court had held that in the absence of an express limitation period in Section 25(2), the one-year limitation period from Section 25(1) of the Act should be applied. The Supreme Court analyzed the distinct purposes of both subsections, noting that Section 25(1) protects the assessee's interests, whereas Section 25(2) protects the revenue's interests. The Court held that where a statute is silent on limitation, courts must supply a reasonable time limit based on the statutory purpose. Drawing a parallel with Sections 17 and 17B of the Act, which also protect revenue interests and prescribe a four-year limitation period, the Court determined that a four-year limitation period applies to Section 25(2). Consequently, the Commissioner's revisional order was declared within time, and the High Court's judgment was set aside.

  Questions settled

  • Can the limitation period prescribed under Section 25(1) of the Wealth Tax Act 1963 be applied to the exercise of revisional power under Section 25(2) of the same Act?
  • What is the appropriate limitation period for the exercise of suo motu revisional power by the Commissioner under Section 25(2) of the Wealth Tax Act 1963 when the statute is silent?
  • How should courts determine a reasonable time limit when a statutory provision fails to prescribe a limitation period?
  Read full judgment →
• Suo Motu Action Regarding Combating the Pandemic of Corona Virus (Covid -19) Versus2020 SCMR 1036 · Supreme Court of Pakistan · 2020-06-08Read full judgment →
• Government of Sindh Versus Dr. Nadeem Rizvi2020 SCMR 1 · Supreme Court of Pakistan · 2019-01-17
  18th AmendmentFederal Legislative ListProvincial autonomyDevolution of powerConstitutional interpretationPith and substance doctrineRight to healthExecutive authority
  Summary & questions settled

  This matter concerns the constitutionality of the devolution of several federal institutions—Jinnah Postgraduate Medical Centre (JPMC), National Institute of Cardiovascular Diseases (NICVD), National Institute of Child Health (NICH), National Museum of Pakistan (NMP), and Sheikh Zayed Postgraduate Medical Institute (SZPMI)—from the Federal Government to the provinces following the Constitution (Eighteenth Amendment) Act, 2010. The core legal question was whether these institutions constituted federal subjects under the Federal Legislative List (FLL) and were thus improperly devolved. The Supreme Court held that the transfer was unconstitutional. The Court determined that these institutions fell within the ambit of Entries 15 and 16 of the FLL, as they were federal agencies for research and training. Consequently, the Implementation Commission lacked the mandate to devolve them, as they were not part of the omitted Concurrent Legislative List. The Court affirmed that legislative entries must be construed liberally using the "pith and substance" doctrine. It further held that the Federation retains the authority to operate institutions necessary to fulfill constitutional obligations, such as the right to life and health, and that such transfers require strict adherence to legal procedures.

  Questions settled

  • Whether medical and research institutions falling under Entry 16 of the Federal Legislative List can be devolved to provinces under the 18th Amendment?
  • Does the Federal Government possess the executive authority to establish and operate hospitals within a province to fulfill fundamental rights such as the right to life?
  • Can the Implementation Commission created under Article 270AA of the Constitution devolve institutions that were not part of the Concurrent Legislative List?
  • Does the Prime Minister have the unilateral authority to transfer federal administrative control of institutions to a province without Federal Cabinet approval?
  Read full judgment →
• Secretary Revenue Division/Chairman, FBR Versus Muhammad Arshad Hilali2019 SCMR 980 · Supreme Court of Pakistan · 2019-04-26Read full judgment →
• Habib Bank Limited Versus Gulzar Khan2019 SCMR 946 · Supreme Court of Pakistan · 2019-04-11
  workman statuslabour court jurisdictionbank managerburden of proofmanagerial capacitygrievance petitionservice law
  Summary & questions settled

  This appeal concerns whether an Officer Grade-II and Branch Manager of a bank qualifies as a "workman" under labour laws, thereby invoking the jurisdiction of the Labour Court. The respondent, dismissed for mishandling funds, sought reinstatement. The High Court had remanded the matter to the Labour Appellate Tribunal, finding the respondent to be a "workman." The Supreme Court allowed the appeal, setting aside the High Court's decision. The Court held that the respondent was not a "workman" because his duties—including managing branch affairs, supervising staff, and handling financial instruments—were managerial and administrative, not clerical. The Court reaffirmed that the status of an employee is determined by the nature of duties performed, not by job designation. Furthermore, the burden of proof rests on the employee to demonstrate they are a "workman." Since the respondent failed to prove his duties were clerical, the Labour Court lacked jurisdiction to entertain his grievance petition. Consequently, the Court concluded that the remand to the Tribunal was legally unsustainable.

  Questions settled

  • Does the designation of an employee as an Officer Grade-II or Branch Manager automatically exclude them from the definition of a 'workman'?
  • On whom does the burden of proof lie to establish that an employee is a 'workman' in a grievance petition?
  • Are the duties of a bank branch manager considered clerical or managerial/administrative for the purpose of labour law jurisdiction?
  • Can a High Court remand a matter to a tribunal after determining a jurisdictional issue without deciding the case on its merits?
  Read full judgment →
• Sme Bank Limited Versus Izhar Ul Haq2019 SCMR 939 · Supreme Court of Pakistan · 2019-04-15
  Intra-Court AppealLaw Reforms Ordinance 1972second writ petitionres judicataexecution of judgmentVoluntary Separation Schemeconstitutional jurisdiction
  Summary & questions settled

  This civil appeal arose from a judgment of the Islamabad High Court allowing a second writ petition filed by the respondent employee to claim financial benefits and implementation of an earlier High Court judgment. The appellant bank challenged the decision, whereas the respondent raised a preliminary objection regarding maintainability on the ground that the appellant had not filed an Intra-Court Appeal (ICA). The Supreme Court held that the appeal before it was competent because Section 3 of the Law Reforms Ordinance 1972 bars an ICA where the statute governing the original proceedings provides a right of appeal or review against the original order, as was the case under the relevant service regulations. On the merits, the Court held that a second writ petition under Article 199 of the Constitution of Pakistan 1973 cannot be maintained to execute a judgment passed in an earlier writ petition or to seek reliefs that were previously sought but omitted in the earlier judgment. Such ungranted reliefs are deemed denied, rendering the subsequent writ petition barred by the principle of res judicata. Consequently, the Supreme Court allowed the appeal and set aside the impugned High Court judgment.

  Questions settled

  • Is an Intra-Court Appeal barred under Section 3 of the Law Reforms Ordinance 1972 when the law governing the original proceeding provides for a remedy of appeal or review?
  • Can a second writ petition under Article 199 of the Constitution of Pakistan 1973 be maintained to execute or enforce a judgment passed in an earlier writ petition?
  • Does the principle of res judicata bar a fresh writ petition seeking reliefs that were prayed for in a former writ petition but not granted by the court?
  Read full judgment →
• Federation of Pakistan through Secretary Finance Versus Muhammad Sharif2019 SCMR 915 · Supreme Court of Pakistan · 2019-04-16Read full judgment →
• Sajjan Solangi Versus State2019 SCMR 872 · Supreme Court of Pakistan · 2018-03-26
  hearsay evidenceextra-judicial confessionpolice custodycriminal appealacquittalforensic evidencemurder conviction
  Summary & questions settled

  This petition for leave to appeal challenged a High Court judgment that maintained the petitioner's conviction for murder under Section 302(b) of the Pakistan Penal Code 1860. The core legal question was whether a conviction could be sustained when based entirely on hearsay evidence, inadmissible extra-judicial confessions made in police custody, and uncorroborated recovery evidence. The Supreme Court held that the prosecution failed to produce the primary informant, rendering the testimonies of the police witnesses as hearsay, which is inadmissible under the Qanun-e-Shahadat Order, 1984. Furthermore, the Court found that the alleged extra-judicial confession made while in police custody was inadmissible, and the recovery of the weapon was inconsequential due to the lack of forensic verification. Consequently, the Court set aside the conviction and acquitted the petitioner. The key principle laid down is that hearsay evidence and extra-judicial confessions made in police custody cannot form the basis of a criminal conviction, and recovery evidence without forensic corroboration is insufficient to sustain a conviction in the absence of reliable ocular testimony.

  Questions settled

  • Can a conviction be sustained solely on the basis of hearsay evidence?
  • Is an extra-judicial confession made while in police custody admissible as evidence?
  • Does the recovery of a weapon without forensic verification constitute sufficient evidence for conviction?
  • Can medical evidence alone identify an assailant in the absence of ocular testimony?
  Read full judgment →
• Abu Bakar Farooq Versus Muhammad Ali Rajpar2019 SCMR 830 · Supreme Court of Pakistan · 2019-01-31
  ad hoc appointmentregularizationseniorityFederal Public Service Commissionstopgap arrangementcivil servantsback benefits
  Summary & questions settled

  Civil appeals brought before the Supreme Court of Pakistan by leave against judgments of the Federal Service Tribunal, which had directed the Pakistan Railways to regularize ad hoc appointments of respondent employees from their initial appointment dates, count intervening unemployed periods as spent on duty with full back benefits, and grant retrospective seniority. The core legal issue was whether ad hoc civil servants could lawfully be regularized retrospectively and granted seniority from the date of their ad hoc appointments, overriding statutory selection procedures and adversely affecting regular employees. Setting aside the Service Tribunal's decision and allowing the appeals, the Supreme Court held that ad hoc appointments are merely temporary stopgap arrangements under the Civil Servants (Appointment, Promotion and Transfer) Rules 1973 and Section 11(3) of the Civil Servants Act 1973. Such appointments confer no vested right to regular appointment, continuous service, or seniority under Section 8 of the Act, and regular appointments in BS-16 and above can only be made through the Federal Public Service Commission.

  Questions settled

  • Can an ad hoc employee claim retrospective seniority from the initial date of their ad hoc appointment upon subsequent regular selection?
  • Does prolonged continuation of an ad hoc appointment confer a vested right upon the employee to be regularized in service?
  • Can an appointing authority or tribunal regularize an ad hoc appointee to a post within the purview of the Federal Public Service Commission without the prescribed statutory selection process?
  • Is an ad hoc appointee entitled to claim back benefits and service credit for the intervening period during which they remained out of employment prior to regular appointment?
  Read full judgment →
• Muhammad Arif Versus State2019 SCMR 631 · Supreme Court of Pakistan · 2019-03-07
  murdercriminal appealappreciation of evidenceocular accountmedical evidencematerial improvementsacquittalbenefit of doubt
  Summary & questions settled

  The appellant, Muhammad Arif, along with co-accused, faced trial for murder and attempted murder arising from an FIR registered under sections 302, 324, 427, and 34 of the Pakistan Penal Code 1860. The trial court convicted the appellant under section 302(b) and sentenced him to death, alongside convictions under section 324 and section 337-A(i). On appeal, the Lahore High Court acquitted the co-accused but maintained the appellant's conviction while converting his death sentence to imprisonment for life. Upon appeal with leave of the Supreme Court, the core legal question concerned whether the prosecution established the guilt of the appellant beyond reasonable doubt through consistent ocular accounts, medical evidence, and corroborative material. The Supreme Court held that material improvements in the ocular testimony, contradictions between medical witnesses regarding the injuries, lack of weapon matching from the crime scene, and doubtful circumstantial evidence rendered the prosecution case untrustworthy. Consequently, the Supreme Court set aside the conviction and sentence, acquitting the appellant of the charges.

  Questions settled

  • Whether material improvements in the statements of ocular witnesses render their testimony unsafe for sustaining a capital conviction?
  • Does a contradiction between the initial medical examination and the post-mortem report regarding the number of firearm injuries weaken the prosecution's case?
  • Can the conviction of an accused be maintained on uncorroborated testimony when co-accused with similar allegations have already been acquitted?
  • Whether proof of abscondance for a brief period without proper compliance with warrants can serve as valid corroboration of guilt?
  Read full judgment →
• Suo Motu Action Taken by HCJ Regarding Service Structure of Pakistan Kidney and Liver Institute (Pkli) Versus2019 SCMR 565 · Supreme Court of Pakistan · 2019-02-28Read full judgment →
• Government of Sindh through Secretary Health Department Versus Dr. Nadeem Rizvi2019 SCMR 556 · Supreme Court of Pakistan · 2019-01-17
  devolution of powerprovincial autonomyfederal legislative listfundamental rightsconstitutional interpretationmedical institutionsright to life
  Summary & questions settled

  This matter concerns appeals against the transfer and devolution of several major medical institutions, including the Sheikh Zayed Medical Complex, Jinnah Postgraduate Medical Center, and others, from the Federal Government to the Provincial Governments. The core legal question was whether this transfer was constitutionally valid and whether the Federation retains authority to operate such institutions. By a majority of four to one, the Supreme Court dismissed the appeals, declaring the transfer of these institutions unconstitutional and without lawful authority. The Court held that the Federal Government failed to follow due process or apply its mind during the devolution. It established that the Federation maintains the power to operate projects for "federal purposes," especially where the enforcement of fundamental rights, such as the right to life, is implicated. While affirming that provincial autonomy is sacrosanct under the Constitution of the Islamic Republic of Pakistan, 1973, the Court clarified that federal projects operating within provincial territories remain subject to provincial laws and regulatory control, and any transfer of assets must be executed in accordance with the law.

  Questions settled

  • Does the Federal Government have the authority to operate medical institutions for federal purposes within a province?
  • Is the transfer of federal medical institutions to provinces without due process constitutionally valid?
  • Are federal projects located within a province subject to provincial laws and regulatory control?
  • Does the enforcement of fundamental rights constitute a 'purpose' of the Federation under the Constitution?
  Read full judgment →
• Talal Ahmed Chaudhry Versus State2019 SCMR 542 · Supreme Court of Pakistan · 2018-10-09
  contempt of courtunconditional apologyfreedom of speechscandalizing the courtintra-court appealburden of proof in contemptdefective charge
  Summary & questions settled

  This intra-court appeal under section 19 of the Contempt of Court Ordinance, 2003 challenged the conviction and sentence of the appellant for committing contempt of court through derogatory public speeches directed against the Supreme Court and its judges. The core legal questions involved whether the appellant's unconditional apology warranted the setting aside of his conviction, whether the speeches were protected under the right to freedom of speech and expression, and whether any procedural defects in the framing of the charge vitiated the trial. The Supreme Court dismissed the appeal, holding that the contempt was grave, the apology lacked bona fides and remorse, the freedom of speech under the Constitution is subject to reasonable restrictions including contempt of court laws, and technical defects in the charge not causing prejudice do not vitiate a trial. The key principle laid down is that an apology in contempt proceedings does not automatically purge the contemnor unless it is unconditional, offered at the earliest stage, and backed by genuine remorse, and that fundamental rights like freedom of speech cannot be invoked to shield scurrilous attacks on the judiciary that undermine the administration of justice.

  Questions settled

  • Does an unconditional apology tendered at the appellate stage automatically purge a contemnor of contempt of court?
  • Can the constitutional right to freedom of speech and expression under Article 19 be invoked to justify making derogatory remarks that scandalize the judiciary?
  • Whether an omission or defect in framing a charge that causes no prejudice to the accused vitiates a contempt trial?
  • Does the burden of proof shift to the alleged contemnor once the prosecution brings on record the contemptuous material and it is confronted under section 342 of the Code of Criminal Procedure 1898?
  Read full judgment →
• Syed Azhar Hussain Shah Versus State2019 SCMR 537 · Supreme Court of Pakistan · 2019-01-10
  Section 30 MagistrateCriminal jurisdictionDiyatArshConcurrent sentencesSection 382-B CrPCAttempted murder
  Summary & questions settled

  The appellant challenged his conviction and sentence for offences under sections 324, 334, and 336 of the Pakistan Penal Code 1860, primarily questioning the jurisdiction of a Magistrate empowered under section 30 of the Code of Criminal Procedure 1898 to try offences involving Diyat and Arsh. The Supreme Court addressed whether such Magistrates possess the competence to try these offences and whether sentencing limitations affect their jurisdictional authority. The Court held that a Magistrate invested with powers under section 30 of the Code of Criminal Procedure 1898 is competent to try such offences, as the sentencing limitation regulates punishment rather than the jurisdiction to try the offence. Furthermore, the Court clarified that Diyat, under section 299 of the Pakistan Penal Code 1860, is exclusively relevant to cases involving the death of a victim and is inapplicable to cases where the victim survives. Consequently, the Court upheld the convictions but ordered the sentences to run concurrently, granting the benefit of section 382-B of the Code of Criminal Procedure 1898.

  Questions settled

  • Is a Magistrate empowered under section 30 of the Code of Criminal Procedure 1898 competent to try offences punishable with Diyat or Arsh?
  • Does the limitation on sentencing power of a Magistrate empowered under section 30 of the Code of Criminal Procedure 1898 affect their jurisdiction to try an offence?
  • Is the payment of Diyat under section 299 of the Pakistan Penal Code 1860 relevant to offences where the victim has survived?
  Read full judgment →
• Mir Bat Khan Versus Mst. Sherin Bibi2019 SCMR 520 · Supreme Court of Pakistan · 2019-02-08Read full judgment →
• Member (Taxes) Board of Revenue Punjab, Lahore Versus Qaisar Abbas2019 SCMR 446 · Supreme Court of Pakistan · 2019-01-08
  agricultural income taxnon-obstante clauseretrospective effecttax assessmentrecovery noticesincome tax returnstatutory interpretation
  Summary & questions settled

  This matter addresses appeals against judgments of the High Court allowing constitutional petitions filed by respondents challenging recovery notices issued for agricultural income tax under the Punjab Agricultural Income Tax Act, 1997. The core legal questions involved the prospective or retrospective application of Section 3B of the Act, inserted via the Punjab Finance Act, 2013, and whether tax authorities could directly issue recovery notices based on income tax returns filed under the Income Tax Ordinance, 2001, without undergoing the formal assessment procedure under Section 3. The Supreme Court held that while tax statutes operate prospectively, Section 4(4) of the Act read with Rule 14(3) of the Punjab Agricultural Income Tax Rules, 2001 permits recovery for the two prior assessment years. Furthermore, Section 3B acts as a non-obstante clause with an overriding effect, dispensing with the standard assessment procedure when agricultural income is voluntarily declared in income tax returns. The key principle laid down is that where an assessee declares agricultural income under the Income Tax Ordinance, 2001, direct recovery notices can be issued under Section 3B without a separate assessment order under Section 3, provided that absent such declaration, regular assessment mechanisms remain mandatory.

  Questions settled

  • Whether Section 3B of the Punjab Agricultural Income Tax Act, 1997 has an overriding effect on Section 3 of the said Act?
  • Does Section 3B of the Punjab Agricultural Income Tax Act, 1997 apply retrospectively to allow recovery of agricultural income tax for assessment years prior to its enactment?
  • Is the declaration of agricultural income in a return filed under the Income Tax Ordinance, 2001 sufficient for the direct issuance of recovery notices without a separate assessment order?
  • Are tax authorities required to follow the formal assessment procedure under Section 3 of the Punjab Agricultural Income Tax Act, 1997 when an assessee has not declared agricultural income in their income tax return?
  Read full judgment →
• Chairman, FBR Versus Muhammad Asfandyar Janjua2019 SCMR 349 · Supreme Court of Pakistan · 2018-05-30
  length of servicepromotion eligibilitynotional senioritycivil servantsacting charge promotionpre-appointment litigation
  Summary & questions settled

  This civil appeal arose against an order of the Federal Service Tribunal granting the respondent benefits of length of service and pay fixation with his original competitive examination batch mates, despite his delayed actual appointment due to pre-service litigation regarding domicile allocation. The primary legal issue before the Supreme Court was whether the period spent in pre-appointment litigation prior to a civil servant's first induction can be counted toward the prescribed minimum length of service required for promotion to higher pay scales. The Supreme Court allowed the appeal and set aside the Tribunal's judgment, holding that seniority and eligibility for promotion are not vested rights and must be reckoned from the date of regular initial appointment and actual joining. The Court declared that while a civil servant may be allowed notional inter se seniority with batch mates upon rectification of an administrative error, such notional seniority cannot operate as a substitute for the actual length of service mandated by statutory rules for promotion to higher posts.

  Questions settled

  • Can time spent in litigation prior to initial appointment be counted towards the mandatory length of service required for promotion?
  • Does notional seniority serve as a substitute for actual length of service required under the rules for promotion to a higher grade?
  • From what date is the seniority of a civil servant on initial appointment to be reckoned under the Civil Servants (Seniority) Rules 1993?
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• Minhaj Khan Versus State2019 SCMR 326 · Supreme Court of Pakistan · 2019-01-14
  narcoticscharascriminal appealbenefit of doubtcontradictory testimonyrecovery witnesschemical examiner reportacquittal
  Summary & questions settled

  The petitioner sought leave to appeal against the dismissal of his appeal by the Lahore High Court, which maintained his conviction and sentence under section 9(c) of the Control of Narcotic Substances Act, 1997 for possession of 1430 grams of charas. The petitioner contended that the chemical examiner's report was unreliable for failing to mention testing protocols as mandated by Rule 6 of the Control of Narcotic Substances (Government Analysts) Rules, 2001, relying on precedent. Conversely, the State argued that the precedent was per incuriam as neither the parent statute nor Form-II required protocols, and that rules could not override the statute. The Supreme Court examined the testimonies of the prosecution witnesses and identified material contradictions regarding the distance to the place of occurrence, conflicting accounts of the arrest, inexplicable procedural delays, the failure to produce a material witness, and the dubious manner of FIR registration. The Court held that the prosecution failed to prove its case beyond reasonable doubt and that the conviction could not be sustained on such shaky evidence, rendering it unnecessary to decide the technical legal question regarding testing protocols. Consequently, the petition was converted into an appeal, allowed, and the appellant was acquitted.

  Questions settled

  • Whether contradictions in the testimonies of police witnesses regarding material facts are sufficient to create reasonable doubt and warrant acquittal in narcotics cases?
  • Does the failure of the prosecution to produce a material witness and recovery witness weaken its case?
  • Whether a conviction for possession of narcotics can be sustained when the prosecution's sequence of events and FIR registration mode appear incredible and unexplained?
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