GOVERNMENT OF BALOCHISTAN vs SHAH MUHAMMAD Ss — 2023 PLD 609 SUPREME-COURT

Case information

Citation: 2023 PLD 609 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2023
Reporter: PLD
Parties: GOVERNMENT OF BALOCHISTAN vs SHAH MUHAMMAD Ss
Provisions referred to: Balochistan Levies Force Act

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

GOVERNMENT OF BALOCHISTAN VS SHAH MUHAMMAD Ss. 7(1)(a), 8 & 10(2)---"B areas" of Balochistan province---Levies Force---Registration and investigation of cases---Notifications issued by Provincial Government whereby only Tehsildar and Naib-Tehsildar could register and investigate cases in B areas---Legality---Impugned notifications empowered the Tehsildars/ Naib Tehsildars to register and investigate cases in B areas whereas the Balochistan Levies Force Act, 2010 ('the Act') vested this duty in the Levies Force---Under the Act only Officers of the Levies Force could register and investigate criminal cases in B areas---Accordingly, the Provincial Government had no authority to delegate this duty to Tehsildars/Naib Tehsildars---Delegated (or subordinate) legislation could not contravene the statutory principles underlying the parent legislation---However, by delegating the duty of registration and investigation of cases in B areas to Tehsildars/Naib Tehsildars through the impugned notifications, the Provincial Government had ignored this settled principle of law and overridden the fundamental statutory principle of the Act, namely, that it is the duty of the Officers of the Levies Force i.e. the Investigation Officer (BPS-17) and Assistant Investigation Officer (BPS-16) to register and investigate criminal cases in B areas---Petitions for leave to appeal were dismissed and both the impugned notifications were set-aside.

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