Juvenile Justice System Ordinance, 2000
Section 10 (7) r/w
The Constitution of Pakistan
Article 25(3)
The Juvenile Justice System Ordinance, 2000 does not specifically stipulate the period within which trials should be concluded nor the period within which appeals should be decided, however the stated purpose of the Ordinance is to “provide for protection of children” (the title and the preamble of the Ordinance). The delay in the conclusion of a juvenile’s trial before a juvenile court is also a ground for his release on bail as provided in section 10 (7) of the Ordinance. Therefore, considering the provisions of the Ordinance and being mindful that the Constitution envisages “the protection of women and children” (clause (3) of Article 25) it would be appropriate to direct that trial of juveniles be concluded by juvenile courts without delay and appeals against conviction be prioritized and expeditiously decided. Therefore, the Hon’ble Chief Justices of the provinces and of the Islamabad High Court through their respective Registrars should be pleased to issue necessary directions to prioritize the hearing of appeals filed by juvenile convicts and in this regard may be further pleased to direct that appeals by juvenile convicts are so highlighted on the file covers of the appeals. Requisite instructions by the Hon’ble Chief Justices, through their respective Registrars, should also be issued to the juvenile courts within their respective territorial jurisdictions to ensure the expeditious conclusion of trials. .....Muhammad Adnan =VS= The State, [5 LM (SC) 175] ....View Full Judgment

The Constitution of Pakistan, 1973
Articles 62, 63 and 63-A r/w
The Election Act, 2017
Sections 203 and 232
Business of the Parliament is conducted by persons of probity, integrity and high moral character–
It is declared that any person who suffers from lack of qualification under Article 62 or disqualification under Article 63 of the Constitution is debarred from holding the position of ‘Party Head’ by whatever name called and prohibited from exercising any of the powers provided in Article 63-A of the Constitution, as ‘Party Head’ or any other power in the said capacity under any law, rule, regulation, statute, instrument or document of any political party. Such bar and prohibition shall commence from the date of disqualification and continue till such time that the lack of qualification/disqualification of such person continues in terms of the provisions of Articles 62 and 63 of the Constitution. The Election Commission of Pakistan is accordingly directed to remove the name of Respondent No.4 (Mian Muhammad Nawaz Sharif) as President/Party Head of Respondent No.3 (Pakistan Muslim League (N) from all relevant record(s). .....Zulfiqar Ahmed Bhutta =VS= Federation of Pakistan, (Civil), 2018 (1) [4 LM (SC) 174] ....View Full Judgment

Article 62(1)(f) of the Constitution also imposes Islamic ethical conditions for eligibility of a candidate for election to Parliament but these are made applicable to both Muslim as well as non-Muslim candidates for Parliamentary membership. One reason that the conditions of Article 62(1)(f) are made a criterion of eligibility of all candidates for election is the universality of their ethical prescription. Their content constitutes a basic norm in all progressive democratic societies that are governed by the rule of law. It is a matter of fact that in Pakistan the members of Parliament occupy leadership roles for the people of Pakistan and constitute the political and ruling elite in society. According to the Preamble of the Constitution, these persons are representatives of the people of Pakistan to whom the former are ultimately responsible as fiduciaries. .....Sami Ullah Baloch =VS= Abdul Karim Nousherwani, (Civil), 2018 (1) [4 LM (SC) 142] ....View Full Judgment

The Constitution of Pakistan, 1973
Article 62(1)(f) r/w
The Holy Qur’an
Surah Al-Ahzab Ayat 21 (33:21)
Surah Al-Ahzab Ayat 21 (33:21) in the Holy Qur’an as follows:
“Indeed in the Messenger of Allah (Muhammad SAW) you have a good example to follow for him who hopes in (the Meeting with) Allah and the Last Day and remembers Allah much.” The qualities of sagacity, righteousness, honesty and trustworthiness laid down in Article 62(1)(f) of the Constitution as qualifications for membership to the elected Houses are actually derived from the Sunnah of the Holy Prophet Muhammad (PBUH). .....Sami Ullah Baloch =VS= Abdul Karim Nousherwani, (Civil), 2018 (1) [4 LM (SC) 142] ....View Full Judgment

The restriction imposed by Article 62(1)(f) of the Constitution for the eligibility of a candidate for election to Parliament serves the public need and public interest for honest, upright, truthful, trustworthy and prudent elected representatives. The judicial mechanism in Article 62(1)(f) of the Constitution grants a fair opportunity and adequate remedy for relief to a candidate under challenge to vindicate himself. Therefore, the permanent incapacity of a candidate for election under Article 62(1)(f) of the Constitution is not an arbitrary, excessive or unreasonable curtailment of his fundamental right under Article 17(2) of the Constitution. We are inclined to hold that the incapacity created for failing to meet the qualifications under Article 62(1)(f) of the Constitution imposes a permanent bar which remains in effect so long as the declaratory judgment supporting the conclusion of one of the delinquent kinds of conduct under Article 62(1)(f) of the Constitution remains in effect. .....Sami Ullah Baloch =VS= Abdul Karim Nousherwani, (Civil), 2018 (1) [4 LM (SC) 142] ....View Full Judgment

Qualified to be a Member of Majlis-e-Shoora (Parliament)–
However, Article 62(1)(f) of the Constitution is required to be interpreted as it stands today. A plain reading of Article 62(1)(f) of the Constitution reveals that in order to be a Member of Majlis-e-Shoora (Parliament), the person must be, inter alia, sagacious, righteous, non-profligate, honest, and ameen. However, if there is a declaration by a Court of Law to the contrary i.e. he is not sagacious or righteous or non-profligate, honest, and ameen then such person shall not be qualified to be a Member of Majlis-e-Shoora (Parliament). (Sh. Azmat Saeed, J) .....Sami Ullah Baloch =VS= Abdul Karim Nousherwani, (Civil), 2018 (1) [4 LM (SC) 142] ....View Full Judgment

Pakistan Supreme Court is empowered to interpret the Constitution but not to amend it–
No doubt the period of disqualification in certain sub-Articles of Article 63 of the Constitution has been provided but such a sunset clause is not found in Article 62(1)(f) of the Constitution. The framers of the Constitution chose not to do so. This Court is empowered to interpret the Constitution but not to amend it. It is an equally elemental principle of interpretation of the Constitution that nothing can be added thereto. (Sh. Azmat Saeed, J) .....Sami Ullah Baloch =VS= Abdul Karim Nousherwani, (Civil), 2018 (1) [4 LM (SC) 142] ....View Full Judgment

Disqualified to be a Member of Majlis-e-Shoora (Parliament)–
Permanent ineligibility under Article 62(1)(f) of the Constitution reference has been made to the constitutional disqualification to contest an election to a seat in Parliament on account of a conviction and sentence for commission of any offence involving moral turpitude. The provisions of Article 63(1)(h) of the Constitution lay down this disqualification in the following terms: “63. (1) A person shall be disqualified from being elected or chosen as, and from being, a member of the Majlis-e- Shoora (Parliament), if −
(a) …
(b) …
(c) …
(d) …
(e) …
(f) …
(g) …
(h) he has been, on conviction for any offence involving moral turpitude, sentenced to imprisonment for a term of not less than two years, unless a period of five years has elapsed since his release; or …” [emphasis supplied] .....Sami Ullah Baloch =VS= Abdul Karim Nousherwani, (Civil), 2018 (1) [4 LM (SC) 142] ....View Full Judgment

Prevention of Electronic Crimes Act, 2016
Section 22(1) r/w
Cr.P.C.
Section 497 r/w
Constitution of Islamic Republic of Pakistan
Article 185(3)
Post-arrest bail– It is a crime to hollow out the society, therefore, the argument of the learned counsel for the petitioner is of no help to the petitioner. Even otherwise, this petition is barred by 03 days and no plausible explanation for the condonation of the delay has been given. This petition having no merit is accordingly dismissed and leave to appeal is refused. Supreme Court directs the learned Trial Court to proceed with the trial expeditiously and conclude the same as early as possible. .....Umer Khan =VS= The State, (Criminal), 2022(1) [12 LM (SC) 15] ....View Full Judgment

Muslim Family Laws Ordinance, 1961
Section 4 r/w
The Constitution of Pakistan
Article 185(2)(d)
On the death of Ahmad, his legal heirs would inherit his estate, including his granddaughter as per section 4 of the Muslim Family Laws Ordinance, 1961–– The appellant had claimed her right to the inheritance in the property left by her paternal grandfather, Ahmad. The appellant’s father, Fazal Elahi, died in the 1971 war, when Fazal Elahi’s father (Ahmad) was still alive. At the time the appellant was four years old. Her claim rests on section 4 of the Muslim Family Laws Ordinance, 1961.–– The learned Judge was also impressed by the purported belated filing of the suit, without appreciating that if the gift deed and the gift mutation could not be sustained then the appellant would be deemed to have immediately become the owner7 of her share in the estate of Ahmad on his death, as prescribed by section 4 of the Ordinance. As noted above, the donees/uncles had failed to establish or sustain the said gift. There was also the additional factor (discussed above) that they had not accepted the said gift. Consequently, on the death of Ahmad, his legal heirs would inherit his estate, including his granddaughter (the appellant herein) as per section 4 of the Ordinance. .....Kalsoom Begum(Mst.) =VS= Peran Ditta, etc., (Civil), 2022(2) [13 LM (SC) 17] ....View Full Judgment

The Code of Civil Procedure, 1908
Section 11
Muslim Personal Law (Shariat) Application Act, 1962
Constitution of Pakistan, 1973
Article 189
Res judicata–– Claiming their right to inheritance through Sahib-un-Nisa from Mehrban Ali’s estate comprising of 62 kanals and 12 marlas of land–– The Appellate Court had disregarded the principle of res judicata /section 11 of the Code and the High Court corrected this mistake of law, and having done so it followed that the suit filed in the year 1997 by the respondents had to be dismissed, because the very same matter had already been decided almost forty years earlier. Public policy also requires that disputes once finally decided should not be reopened. In the present case the 1958 judgment was also not challenged by Sahib-un-Nisa, nor was it challenged by her legal heirs, and instead it was sought to be negated by filing a suit in the year 1997, which is not permissible. Therefore, this appeal is dismissed. .....Muhammad Shifa =VS= Meherban Ali, (Civil), 2022(2) [13 LM (SC) 21] ....View Full Judgment

Master and Servant–
Where conditions of service of employees are not regulated by a statutory provision then such employees are to be governed by the principle of “Master and Servant”. As the terms and conditions of employment in PIAC are admittedly not governed by any statutory provision and the employees are amenable to the Rule of “Master and Servant”, Article 199 of the Constitution of Pakistan 1973 cannot be invoked. We find no legal justification to interfere in the impugned judgment. This appeal is, therefore, dismissed. ...Pakistan Airline Pilots Association=VS=Pakistan International Airline, (Civil), 2019 (1) [6 LM (SC) 152] ....View Full Judgment

Up-gradation in distinct from the expression promotion–
The Service Tribunals have no jurisdiction to entertain any appeal involving the issue of upgradation, as it does not form part of the terms and conditions of service of the civil servants. .....Income Tax Commissioner =VS= Syed Munawar Ali (Civil), 2016-[1 LM (SC) 643] ....View Full Judgment

The Constitution of Pakistan
Article 224(2) r/w Article 218(3), 220, 243(1), 148(3)
The Elections Act, 2017
Section 57(2)
The Constitution nor the law empowers the Commission to extend the date of elections beyond the 90 days period as provided in Article 224(2) of the Constitution–– General election to the Punjab Assembly–– Holding and conduct of the general election–– The caretaker Cabinet that constitutes the Government of Punjab and, in particular, the Chief Secretary and the Inspector General Police of that Province must forthwith, and not later than 10.04.2023, provide a plan acceptable to the Commission for, inter alia, providing sufficient personnel for election-duty and security purposes for the holding of the general election. Furthermore, and in any case, the Government of Punjab and all officials thereof must, in discharge of constitutional and legal duties and responsibilities, proactively provide all aid and assistance to the Commission for the holding and conduct of the general election. .....Mohammad Sibtain Khan =VS= Election Commission of Pakistan, (Civil), 2023(1) [14 LM (SC) 5] ....View Full Judgment