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Latest Judgments (All Jurisdictions within Pakistan)

Saddam Hussain v. The State thr. A.G. Islamabad and another

Citation: PLD 2020 SC 310, 2020 SCP 95

Case No: Crl.P.L.A.419/2020

Judgment Date: 12/05/2020

Jurisdiction: Supreme Court of Pakistan

Judge: Justice Gulzar Ahmed

Summary: Background:Saddam Hussain filed Criminal Petition No.419 of 2020 against an order passed by the Islamabad High Court Islamabad in Cr. M. No.225/B of 2020. The petitioner sought redressal regarding alleged misconduct and negligence by Investigating Officer Tasadduq Hussain.---Issues:Allegations of negligence and misconduct by Investigating Officer Tasadduq Hussain.Measures required to improve the quality of police work, particularly in investigation procedures, and to ensure law and order in Islamabad Capital Territory.---Holding/Reasoning/Outcome:The Inspector General of Police (IGP), Islamabad assured the court that complaints against Investigating Officer Tasadduq Hussain are being addressed by the police department. The court emphasized the importance of professional training for investigation officers and ordered the preparation of a handbook on crime investigation within six months. This handbook should include practical applications, case-law, and updated annually.The IGP was directed to take measures to improve the quality of police work, maintain law and order, and ensure the safety of citizens and their properties. Negligence or misconduct by police officers should not be tolerated, and appropriate penalties should be imposed.The court stressed that protecting the life and property of citizens is a constitutional duty of the state, including police officials.The order was to be sent to IGPs of all provinces and Gilgit Baltistan for implementation.The petitioner's counsel sought to withdraw the petition to file a fresh bail application after the police submit the final challan in the trial court. The petition was dismissed accordingly.

Farooq Ahmad v. The State

Citation: PLD 2020 SC 313, 2020 SCP 96

Case No: J.P.73/2016

Judgment Date: 12/05/2020

Jurisdiction: Supreme Court of Pakistan

Judge: Justice Qazi Faez Isa

Summary: Background:Farooq Ahmad, the petitioner, filed Jail Petition No.73/2016 in the Supreme Court of Pakistan against a judgment passed by the Lahore High Court, Multan Bench, Multan. The petitioner was convicted for rape under section 376(1) of the Pakistan Penal Code (PPC) and sentenced to death, which was later reduced to imprisonment for life.---Issues:Whether the evidence presented was sufficient to establish the guilt of the petitioner beyond a reasonable doubt.Whether the sentence imposed on the petitioner was in accordance with the law applicable at the time of the offense, considering subsequent amendments to the law.---Holding/Reasoning/Outcome:The court examined the evidence presented, including the testimony of the victim, medical evidence, and the testimony of other witnesses. It concluded that the prosecution had established the guilt of the petitioner beyond a reasonable doubt. The victim's testimony, supported by medical evidence, was deemed reliable.Regarding the sentence imposed, the court noted that the law at the time of the offense prescribed imprisonment for a term ranging from ten to twenty-five years under section 376(1) of the PPC. However, the High Court had sentenced the petitioner to imprisonment for life. As the amendment enhancing the punishment to imprisonment for life was not applicable retrospectively, the sentence imposed by the High Court was not in accordance with the law.The court granted leave to appeal to determine the appropriate sentence under section 376(1) PPC before the amendment. The Superintendent of the Jail was directed to submit a report on the petitioner's conduct and remissions earned during his incarceration.The appeal was to be heard by a three-Member Bench of the Supreme Court within three months, with notice to the complainant and the victim, considering the petitioner's prolonged incarceration.The judgment was approved for reporting.---Precedents/Citations:The court referenced various cases to support its findings, including Muhammad Javed v State (2019 SCMR 1920), Muhammad Aslam v State (2006 SCMR 348), Shakeel v State (PLD 2010 Supreme Court 47), Haji Ahmad v. State (1975 SCMR 69), and Irfan Ali Sher v. State (Jail Petition No. 324/2019). These cases helped establish the legal principles surrounding evidence requirements and sentencing in cases of rape.

MUHAMMAD ARIF and anothers vs The STATE and another

Citation: 2020 YLR 1930

Case No: Criminal Miscellaneous No. 67701-B/2019

Judgment Date: 11/05/2020

Jurisdiction: Lahore High Court

Judge: Ch. Abdul Aziz, J

Summary: Summary pending

Kaleem Anwar Vs The state

Citation: 2020 YLR N 149

Case No: Cr.M No. 307-A /2331

Judgment Date: 11/05/2020

Jurisdiction: Peshawar High Court

Judge: Justice

Summary: All the co-accused having similar role, particularly, co-accused Naeem Anwar have already been acquitted by the learned trial Court after extending benefit of doubt to them vide judgment dated 16.12.2019.The alleged recovery of kalashinkov from possession of the accused/petitioner after four years would be seen by the learned trial Court after recording evidence. This Court considers that accused/petitioner cannot be kept in jail when his role is at par with that of acquitted co-accused and his guilt is to be adjudged by the learned trial Court on the same evidence on the basis of which co-accused were acquitted. Since identical role ascribed to accused/petitioner by the complainant, requires further inquiry into his guilt qua commission of the offence, as envisages in subsection 2of section 497 Cr.P.C, he is entitled to be released on bail in the peculiar facts andcircumstances of the case. Bail allowed.

Sain Muhammad etc Vs Muhammad Aslam

Citation: 2021 YLR 924

Case No: RFA No. 27-A /2332

Judgment Date: 11/05/2020

Jurisdiction: Peshawar High Court

Judge: Justice

Summary: S. 12(2) word person Scope Legislature has Introduced S.12(2), CPC with a broad scope and instead of mentioning word defendant the word person has been used which gives even third party a right to challenge a decree if it is obtained by way of Fraud & Misrepresentation.

Federation of Pakistan thr. its Secretary, M/o Law & Justice Division, Islamabad v. Mamoon Ahmed Malik

Citation: 2020 SCMR 1154, 2020 SCP 183

Case No: C.P.L.A.4683/2018

Judgment Date: 11/05/2020

Jurisdiction: Supreme Court of Pakistan

Judge: Justice Gulzar Ahmed

Summary: Background:The respondent, Mamoon Ahmed Malik, was employed as an Assistant (BPS-14) in the Law and Justice Division, Government of Pakistan, on probation.During his probationary period, he remained absent from duty from 05.09.2011 to 02.04.2012, following which his service was terminated.The respondent claimed to have filed a departmental appeal against the termination, which he purportedly sent via courier service. However, the authenticity of the courier receipt was questioned.---Issues:Whether the respondent's absence from duty justified the termination of his service.Whether the respondent's claim of filing a departmental appeal was credible.---Holding/Reasoning/Outcome:The Court observed that the respondent addressed the departmental appeal directly to the Secretary, Law and Justice Division, instead of following proper channels.The authenticity of the courier receipt attached to the appeal was challenged, as it was found to be unrelated to the dispatch of the departmental appeal.The respondent's conduct amounted to deception, warranting potential disciplinary action.The argument that the respondent's absence was treated as Extra Ordinary Leave (EOL) and therefore no further punishment could be imposed was deemed untenable.Previous judgments of the Court established that unauthorized absence from duty during probation could lead to termination of service.As there were no disputed facts regarding the respondent's absence, no regular inquiry was necessary.The Tribunal's judgment, which set aside the termination order and directed the respondent's reinstatement, was found legally flawed and unsustainable.The petition was converted into an appeal and allowed, setting aside the Tribunal's judgment and restoring the termination of the respondent's service.

RIAZ AHMAD vs The STATE and another

Citation: 2021 YLR 23

Case No: Criminal Appeal No. 11595/2019

Judgment Date: 10/05/2020

Jurisdiction: Lahore High Court

Judge: Malik Shahzad Ahmad Khan and Ch. Mushtaq Ahmad, JJ

Summary: Summary pending

Mst BUSHRA vs DISTRICT POLICE OFFICER KHANEWAL and 2 others

Citation: 2020 MLD 1891

Case No: Criminal Miscellaneous No.1776-HB/2019

Judgment Date: 10/05/2020

Jurisdiction: Lahore High Court

Judge: Sadiq Mahmud Khurram, J

Summary: Summary pending

JAMEELA BIBI and otherss vs MUHAMMAD ASLAM MEHMOOD and others

Citation: 2019 CLC 1945

Case No: C.R. No.22619/2019

Judgment Date: 10/05/2020

Jurisdiction: Lahore High Court

Judge: Mirza Viqas Rauf, J

Summary: Summary pending

NAJEEBULLAH SON OF FIDA MUHAMMAD, RESIDENT OF GHARIB ABAD, DISTRICT PISHIN, PRESENTLY CONFINED AT JUDICIAL LOCKUP/JAIL, DISTRICT PISHIN. APPELLANT VERSUS THE STATE. RESPONDENT CRIMINAL MURDER REFERENCE NO.01-I OF 2019

Citation: Pending

Case No: CRIMINAL APPEAL NO06-Q/2019

Judgment Date: 10/5/2020

Jurisdiction: Federal Shariat Court

Judge: Justice Dr. Syed Muhammad Anwer

Summary: Background: In December 2015, the complainant, along with two relatives, was traveling when they were intercepted by a group of four armed men in a black car. The assailants attempted to forcibly take the complainant's vehicle, leading to a confrontation during which two members of the complainant's party were shot and killed. The perpetrators fled the scene but were later apprehended by Levies personnel following an exchange of gunfire. Two of the accused were arrested on the spot, while two others escaped and remained absconders. The arrested individuals were charged with multiple offenses, including murder. The trial court initially sentenced the accused to life imprisonment, but upon retrial, the Additional Sessions Judge/MCTC sentenced both to death. The case was appealed, and the matter was also referred to the court for confirmation of the death sentences. ----Issues: 1- Was the evidence presented by the prosecution sufficient to prove the guilt of the accused beyond a reasonable doubt? 2- Did the trial court correctly convict the accused and sentence them to death? 3- Were the identification parade and the recoveries conducted in compliance with legal standards, making them admissible as evidence? ----Holding/Reasoning/Outcome: The court held that the prosecution provided sufficient evidence to prove the guilt of the accused beyond a reasonable doubt. The testimonies of eyewitnesses were consistent and corroborated by forensic evidence and the recoveries made at the scene. The identification parade, though conducted after a delay, was found to be legally valid. The accused were properly identified by witnesses in a manner that complied with legal requirements. The recoveries of firearms and spent cartridges were conducted according to the law and were admissible as evidence. The court dismissed the defense's arguments, noting that the prosecution had met its burden of proof. The death sentences handed down by the trial court were upheld, and the appeals were dismissed. ----Citations/Precedents: Mst. Askar Jan and others vs. Muhammad Daud and others (2010 SCMR 1604) Article 40 of the Qanun-e-Shahadat Order, 1984

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