It is well settled principle of law that in a case where statute provides a procedure for doing of a thing in a particular manner, that thing should be done in that manner and in no other way or it should not be done at all

The other principle of jurisprudence in this very context is that the things are required to be done strictly according to law, or it should not be done at all. Reference in this behalf may be made to the case of “Mir Dost Muhammad v. Govt. of Balochistan” (PLD 1980 Quetta 1), relevant Para therefrom is reproduced below: 

“It is well settled principle of law that in a case where statute provides a procedure for doing of a thing in a particular manner, that thing should be done in that manner and in no other way or it should not be done at all”

. It has also been held in “Sharafat Kaleem v. Additional District Judge, Bahawalnagar and 11 others” (2013 CLC 185) and “Bakht Munir v. Qadir Khan and another” (PLD 2014 Lahore 87) that when law required a thing to be done in a particular manner, the same must be done accordingly and if the prescribed procedure was not followed, if would be presumed that the same had not been done in accordance with law. The Hon’ble Supreme Court of Pakistan has held in “Zia Ur Rehman v. Syed Ahmed Hussain and others” ( 2014 SCMR 1015) that If the law requires a particular thing to be done in a particular manner it has to be done accordingly, otherwise it would not be in-compliance with the legislative intent.

Part of Judgment 

LAHORE HIGH COURT RAWALPINDI BENCH, RAWALPINDI JUDICIAL DEPARTMENT 

Investigation of Police
9380-15

2015 LHC 7745