Professor Dr. MUHAMMAD ARSHAD AAZMI vs PROVINCE OF SINDH arts — 2023 PLC(CS) 341 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 PLC(CS) 341 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: PLC
Parties: Professor Dr. MUHAMMAD ARSHAD AAZMI vs PROVINCE OF SINDH arts
Subject matter: Constitutional

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Professor Dr. MUHAMMAD ARSHAD AAZMI VS PROVINCE OF SINDH arts.4, 10-a & 199---Constitutional petition---Intelligence reports---Due process of law, principle of---applicability---Petitioner was aggrieved of non-issuance of appointment letter on the basis of intelligence reports---Validity---Without disclosure of adverse materials and affording opportunity of defense, petitioner was deprived of his appointment order, which act of respondents was not only unfair but also against principles of natural justice and spirit of arts. 4 & 10-a of the Constitution---Principle audi alteram partem was always considered to be embedded in statue, even if there was no implied or express provision--- No adverse action could be taken against anyone without providing an opportunity of defense to rebut the material---High Court directed competent authority to call for character and antecedent reports of petitioner afresh from concerned agencies, as it was brought on record that petitioner was involved in immoral activities and did not enjoy good reputation---High Court further directed that in case intelligence reports regarding character and antecedents of petitioner were adverse, then petitioner would be confronted with the material sought to be used against him, who was entitled to an opportunity of defense to rebut the material, to satisfy requirements of principles of natural justice and to obey command of art. 4 of the Constitution---High Court also directed that in case character and antecedent reports of petitioner were found satisfactory the competent authority, would issue appointment order to the petitioner---Constitutional petition was disposed of accordingly.

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