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Ghazala Rahman (advocate)     30 December 2018

Judicial Review of Police order

While submitting an Application against police order/ Administrative order , it is not mandatory to make accused a party.
Because the answering respondentt will be police and not the accused.
Neither the court should advice
Applicant to make accused Respondent.
It is matter of fact that accused on his own appeared before court on every hg.


 14 Replies

Dr J C Vashista (Lawyer)     31 December 2018

What are the facts of the case vis-a-vis problem ?

1 Like

G.L.N. Prasad (Retired employee.)     31 December 2018

I agree with your opinion, and bringing police as respondents brings more accountability for flaws in the investigation.

1 Like

A. A. JOSE (LAWYER; LEGAL ADVISER/CONSULTANT& TRAINER)     31 December 2018

Unless complete facts are furnished, it is not clear as to context in which you expressed such a view please.

1 Like

Ghazala Rahman (advocate)     31 December 2018

Sir , I submit that in every case , it is not mandatory that accused be made a party/Respondent in judicial review application.
Accused are at liberty to see the proceedings or get certified copies of proceedings.
whatever be the nature of review order of course Police will inform accused at Police statition and will be given chance to defence himself.

Ghazala Rahman (advocate)     02 January 2019

Boss Rule of Law, the bookish Law. And Pakistani advocates are famous for getting justice to their clients. I am from Karachi.
I think that if an accused lucky enough to engage an advocate , no one can restrict him from seeking justice , specially police. Pakistan police and Justice system are efficient and transparent.
In Pakistan , ropes of Rule of law are in the hands of advocates . And we all know that Pakistani Laws are based on Indian and English Law in accordance with Islamic Principles.

Ghazala Rahman (advocate)     02 January 2019

sir your comments are correct about my residence.
I appreciate your observation.

Ghazala Rahman (advocate)     05 January 2019

Off course Constitution is supreme in democratic countries like India and Pakistan also , thats why the judicial review of admn orders are fiked before courts of law by the Advocates.
Sir I am thankful for your valued response.

Dr J C Vashista (Lawyer)     06 January 2019

@ Mr. Gazala Rahman,

The facts stated by you at initial points have taken a totally different version at this stage.

Police actions are obviously to be examined by the Magistrate / Trial Court. The police is "no" autority to hold an accused as "guilty" to punish as per law of the land.

Administrative actions can (may) be put to judicial review.

You will agree both the connotations are different to each other.

As per your last post / statement "advocates" can twist/ manipulate laws in Pakistani judical system, is unbelievable; please consult a local senior lawyer.

Regards

 

 

1 Like

Ghazala Rahman (advocate)     07 January 2019

Sir in both paras I enquired help in case of unsatisfatory / bias adm order -Police order .
The stage is not at trial but pre trial.
so no option of Appeal or other.
I consulted only 2 L/ lawyer their views are opp.
I am thankful for sharing your kind views.

Ghazala Rahman (advocate)     07 January 2019

Respected Sirs,

Dr JC Vishista
Mr GLN Parsad
OM Parkash
A.A.Jose.

I thank you all for your precious time and advices.

G.L.N. Prasad (Retired employee.)     07 January 2019

Your query is most interesting, and as you have been discussing with others, please do post the final outcome, so that others standing in your position may get good guidance out of your efforts.

The forum is not only for guidance but one  must learn and share knowledge through individual experiences, finally learning a new thing.

As I understand, the exact issue must be the police have registered complaint, closed the case and referred the issue as false or some other grounds and prayed to the court to dismiss the same.

Both the police and court issues summons calling for the views of the complainant.

After admitting on suitability, the private complaint goes in the Magistrate court between complainant and Acused or witnesses from whom such statements were taken.

Once the matter is referred to the Court, Police wash their hands after wasting precious times and there may be compromises by Police in some cases.

According to my understanding you wanted remedy against police for negligence in investigation.   Please focus on the issue and place facts before experts, so that they can guide with their immense knowledge and experience.

The problem with the queries is that members never come with full facts and wants guidance in their favour / tastes to them.

But a prudent expert can never give his opinion without studying the entire facts.

Please understand the limited uses of the open forum.

Ghazala Rahman (advocate)     07 January 2019

Exactly sir, Allow me to give yoh title : Master in connecting dots.
Police asked for solid evidence against accused , and closed the file with malafide , due to non submission.

G.L.N. Prasad (Retired employee.)     07 January 2019

The doors are not closed permanently.  You will receive notices from Police and court and then you can appoint an advocate and fight it out directly.

1 Like

Ghazala Rahman (advocate)     08 January 2019

same prayers for me also, sir.

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