THE STATE vs MUHAMMAD BABU KHAN
This matter comes before the Supreme Court of Pakistan upon a petition filed by the State against a judgment of the Lahore High Court dated 9 July 1984, which had maintained the respondent's conviction under section 409 read with section 5(2) of the Prevention of Corruption Act 1947, but altered the sentence of imprisonment for one year rigorous imprisonment to a sentence of fine. The core legal question concerns the propriety of altering a substantive sentence of imprisonment to a fine alone in a corruption case without cogent grounds. The Court held that the significant delay of 667 days in filing the petition should be condoned due to the nature of the case and the absence of valid reasons for reducing the sentence by the High Court. Consequently, leave to appeal was granted. The key principle laid down is that reduction of a substantive prison sentence to a mere fine in corruption offenses without cogent justification warrants interference by the apex court.
- Whether the Supreme Court can condone a delay of 667 days in filing a petition by the State in a corruption case?
- Is it legally justified to alter a substantive sentence of imprisonment to a fine in a corruption offense without cogent grounds?
- Section 409, Pakistan Penal Code 1860
- Section 5(2), Prevention of Corruption Act 1947
ORDER
1. ' JAVID IQBAL, J.-- The petition is filed by the State and is directed against judgment of the Lahore High Court, Lahore dated 9 July, 1984 whereby the conviction of the respondent under section 409 read with section 5(2) of the Prevention of Corruption Act 1947 was maintained, but his sentence of imprisonment for one year's R.I. Was altered to a sentence of a fine of Rs,5,000 or in default thereof he would suffer R.I. For one year, and the fine of Rs,100 already awarded by the trial Court was likewise maintained.
2. ' This petition is barred by 667 days, but in pursuance of the direction of this Court the petition has been filed because no cogent ground has been given for the alteration of sentence in a corruption case of this nature. Since this is the position the delay is condoned and leave is granted as it has been granted in other such cases.