ABDUL MAJEED TALANI vs PROVINCE OF SINDH through Secretary, Sindh Prisons Department S

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

ABDUL MAJEED TALANI VS PROVINCE OF SINDH through Secretary, Sindh Prisons Department S. 497---Constitution of Pakistan, Arts. 199, 9, 10, 14 & 175(2)---Specific Relief Act (I of 1877), Ss.56(d), 56(e), 56(i) & 56(j)---Constitutional jurisdiction exercised by the High Court in passing restraining/injunctive orders in a bail matter involving factual controversy including medical grounds---Legality---Contention of the respondent (accused in a criminal case) was that passing of restraining order by High Court in his bail application sought on serious medical grounds amounted to depriving him of his fundamental rights guaranteed under Arts. 9, 10 & 14 of the Constitution and no injunctive order could be passed by High Court in criminal cases---Validity---High Court in the exercise of its writ jurisdiction does not delve into factual controversies requiring inquiry, evidence etc.---While the admissibility and weightage of a medical opinion might be considered by a trial/appellate court, however, no case was apparent before the High Court as to how the same merited interference via direct recourse to writ jurisdiction---Art.199 of the Constitution contemplates discretionary relief, however, such discretion may only be exercised if permissible under the law---Such discretion can never be unfettered, and it has to be exercised per settled judicial principles and cannot be employed to defeat the manifest legislative intent---Any restraint placed upon proceeding with a bail application would judicially presume that a person/respondent was disentitled to bail, which determination was for the court of competent criminal jurisdiction, and the court concluding appropriate proceedings, and under no circumstances within the remit of High Court---Ordinary course of criminal proceedings could not be allowed to be deflected by resort to writ jurisdiction---Statutory fora were competent to determine the viability of the relevant criminal proceedings and regulate the custody of any accused and no case had been set forth before High Court to merit the invocation of the discretionary writ jurisdiction of High Court in such regard---Constitutional petition was dismissed with costs accordingly.

ABDUL MAJEED TALANI vs PROVINCE OF SINDH through Secretary, Sindh Prisons Department S — 2025 PLD 19 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported

Other judgments reported in 2025 PLD