KARACHI, Feb 20: A division bench of the Sindh High Court adjourned on Thursday to March 6 the hearing of a case involving the criterion for determination of domicile for the purpose of joining the central superior services.
The question before the bench is whether the place of birth of a candidate’s father or of his own residence is to be regarded as his domicile? Under a provision of the Federal Public Service Commission, since discarded, his father’s birthplace determined a candidate’s domicile irrespective of his own permanent residence. The rule was challenged by two candidates through Advocate Mohammed Nawaz Shaikh and was struck down by a division bench, comprising Justice Sabihuddin Ahmed and Justice S. Ali Aslam Jafri, for being violative of articles 15 (freedom of movement), 25 (equality of citizens) and 27 (safeguard against discrimination in services).
The FPSC challenged the SHC decision before the Supreme Court, which remanded the petition for reconsideration as the judgment was rendered without hearing the attorney-general for Pakistan on the crucial law points involving interpretation of constitutional provisions.
Attorney-General Makhdoom Ali Khan appeared before the bench on Thursday and argued that the case mainly revolved round article 25 guaranteeing equality of citizens. The articles declared that all citizens were equal before law and were entitled to equal protection of law and that there should be no discrimination on the basis of gender alone. Nothing, however, should prevent the state from making any special provision for the protection of women and children.
This last provision, the AG argued, empowered the state to take affirmative action to promote the interests of backward and oppressed classes. Besides, the article declared that “there shall be no discrimination on the basis of sex alone.” The state had thus been authorized to resort to reasonable classification on bases other than that of sex to ensure smooth running of its affairs. Students, government employees, labour, teachers and members of other professions could be reasonably classified to be dealt with by special provisions in their own spheres.
The AG was still on his legs when the bench adjourned the hearing.
Advocate Shaikh submitted that he received notice of the proceedings last evening and did not know whether the petitioners would like to retain him as their counsel in the rehearing. The bench directed that notices should also be issued to the petitioners individually.
PETITION DISMISSED: A division bench, comprising Justice Mohammad Roshan Essani and Justice Anwar Zaheer Jamali, dismissed in limine a petition questioning the performance of civilian duties by army personnel.
The bench observed that Advocate Suhail Hameed, who had filed the petition, had no locus standi and was not an aggrieved party in terms of article 199 of the Constitution. sentence upheld: A division bench of the Sindh High Court rejected on Thursday the appeal of Khapray Khan alias Sher Khan and upheld the six death sentences awarded to him by an anti-terrorism court for killing five members of a family and a housemaid in Defence Housing Authority, add agencies.
The bench comprised Justice Wahid Bux Brohi and Justice Moosa K. Leghari.
According to the prosecution, complainant Tahir Saeed Paracha lodged an FIR at DHA police station on February 12, 2001 that his sister Ms Badar Hameed Paracha, her maidservant Samina and four others were killed by Badar’s driver Sher Khan. He told the police that servants of the house informed him that after killing these persons, She Khan fled in a car (ADC-931).
The police arrested the accused, and he was tried in ATC-III which awarded him six death sentences and a total of 37 years’ rigorous imprisonment with a fine of Rs250,000 for other offences on May 28, 2001.
CONTEMPT NOTICE: Justice Moosa K. Leghari issued contempt of court notice to the SHO of Sir Syed Town police station.
The notice came as the SHO failed to appear before the bench despite a notice issued to him by the bench on a constitutional petition filed by Ehsanullah, resident of Sir Syed Town.
The petitioner sought a direction to the police concerned for lodging an FIR of alleged dacoity in his house on 27-1-2003.
