Latest Judgments

Newly reported judgments from the Supreme Court of Pakistan, the High Courts and tribunals, added as they are processed — free, full text, updated daily. Judgments marked NEW were added in the most recent update. 4,389 judgments in total from the Islamabad High Court.

• Noor Wali Khan Versus Federation of Pakistan2017 PLC(CS) 1113 · Islamabad High Court · 2017-01-18
  transferred employeesterms and conditions of servicePTCL employeesconstitutional petitionbasic pay scalesad hoc relief allowancepensionary benefitsmaster and servant
  Summary & questions settled

  The petitioners, transferred employees of the former Pakistan Telegraph and Telephone Department (T&T) to the Pakistan Telecommunication Company Limited (PTCL), invoked the constitutional jurisdiction of the Islamabad High Court seeking the extension of basic pay scale revisions, ad hoc relief allowances, and enhanced leave encashment benefits granted by the Federal Government, which the respondent PTCL had denied. The core legal question was whether transferred employees of the T&T Department whose terms and conditions are protected under statutory enactments are entitled to periodic financial benefits and pay scale revisions announced by the Federal Government. The court held that the petition is maintainable and allowed the writ petition, ruling that transferred employees are entitled to all pay and pension increases announced by the Federal Government in light of authoritative pronouncements by the Supreme Court. The key principle laid down is that the statutory protection of terms and conditions of service for transferred civil servants obligates PTCL to extend all subsequent governmental financial and pensionary benefits to them.

  Questions settled

  • Whether writ petitions are maintainable against the Pakistan Telecommunication Company Limited regarding the service terms of transferred employees?
  • Are the transferred employees of the erstwhile T&T Department entitled to financial benefits and pay scale revisions announced by the Federal Government?
  • Whether the terms and conditions of service of transferred employees acquired statutory status under the Pakistan Telecommunication Corporation Act 1991 and the Pakistan Telecommunication (Re-organization) Act 1996?
  • Does the principle of master and servant bar transferred employees protected by statutory provisions from invoking the constitutional jurisdiction of the High Court?
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• Dr. Rana Muhammad Akhlaq Versus Federation of Pakistan through Secretary, Cabinet Division2015 PLC(CS) 568 · Islamabad High Court · 2014-04-09
  constitutional petitionanimal quarantineillegal appointmentquota regimeimport of livestockculling of sheepcoram non judice
  Summary & questions settled

  The petitioner, a Deputy Animal Husbandry Commissioner, invoked the constitutional jurisdiction of the Islamabad High Court challenging various illegalities, corrupt practices, and procedural violations regarding food security, the import and export of livestock, quota allocations, and the unlawful appointment of respondent No.4. The core legal questions involved the legality of importing a rejected sheep consignment from Australia, the mandatory requirement of a No Objection Certificate (NOC) and quarantine procedures under quarantine laws, the existence of diseases in the imported sheep, and the validity of appointing an officer in basic pay scale 19 to a scale 20 post. The court held that the diversion, offloading, and subsequent culling of the diseased sheep consignment were tainted with mala fides and illegalities, that the NOC and quarantine rules must be strictly adhered to, and that the appointment of respondent No.4 to a BS-20 post by the Secretary without the Prime Minister's approval was illegal. The petition was accepted, and authorities were directed to initiate legal and disciplinary action against respondents Nos.2 to 5.

  Questions settled

  • Whether an animal consignment rejected by a foreign state can be imported into Pakistan without complying with mandatory statutory quarantine and NOC requirements?
  • Can an officer in basic pay scale 19 be appointed to a basic pay scale 20 post by the Secretary without the approval of the Prime Minister of Pakistan?
  • Does the deviation from established economic and quota policies for livestock export amount to illegal and mala fide exercise of authority?
  • Whether the culling of imported livestock based on contradictory and unauthorized laboratory reports is lawful?
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• Iftikhar Rashid Versus Federation of Pakistan2015 PLC(CS) 1259 · Islamabad High Court · 2015-05-29
  public interest litigationlocus standidisciplinary proceedingsterms and conditions of serviceconstitutional jurisdictionadministrative tribunalsaggrieved person
  Summary & questions settled

  This constitutional petition was filed by retired police officers seeking a declaration that civil servants must perform duties in accordance with law and challenging disciplinary proceedings initiated against two serving police officers. The core legal questions were whether the High Court has jurisdiction to entertain such a petition given the constitutional bar under Article 212, and whether the petitioners possessed the requisite locus standi to challenge disciplinary actions against third parties. The Court dismissed the petition, holding that under Article 212 of the Constitution of the Islamic Republic of Pakistan, 1973, matters relating to the terms and conditions of service, including disciplinary proceedings, fall exclusively within the jurisdiction of Administrative Courts or Tribunals. The Court affirmed that the constitutional bar cannot be circumvented by third parties filing petitions in the guise of public interest litigation. Furthermore, the Court ruled that the petitioners failed to establish locus standi as aggrieved persons under Article 199, as they lacked a personal legal right or interest in the disciplinary proceedings of the respondents. The judgment reinforces the principle that what is prohibited directly cannot be achieved indirectly.

  Questions settled

  • Does the High Court have jurisdiction to entertain a constitutional petition challenging disciplinary proceedings initiated against a civil servant?
  • Can the constitutional bar under Article 212 regarding service matters be circumvented by third parties filing a petition in the guise of public interest litigation?
  • Do retired civil servants possess the locus standi to challenge disciplinary proceedings initiated against serving civil servants?
  • Is a person who lacks a personal legal right or interest in a disciplinary matter an aggrieved person under Article 199 of the Constitution?
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• Major (R) Waqar Ali Shah Versus Nawab Ali2015 PLC(CS) 1137 · Islamabad High Court · 2015-04-09
  regularization of servicescontract employeescontingent employeesIntra Court Appealdue processCabinet Sub-Committeeright to fair trial
  Summary & questions settled

  This matter involves several Intra Court Appeals challenging a judgment that declared the regularization of contract and contingent employees by a Cabinet Sub-Committee as void ab initio. The core legal question concerned the validity of the regularization process and the appropriate mechanism for addressing the status of these employees. The Court allowed the appeals and set aside the impugned judgment, holding that the matter should be resolved through a newly constituted Committee established by the Cabinet Division. This Committee is mandated to examine each case on its merits in accordance with the 2008 regularization policy guidelines. The Court established that while the government has the authority to regularize employees, such actions must comply with prescribed qualifications and policy criteria. Furthermore, the Court affirmed that departments retain the liberty to initiate proceedings against illegally regularized employees, provided that any adverse action strictly adheres to the principles of due process and the right to a fair trial as guaranteed by the Constitution.

  Questions settled

  • Can a department take action against an employee regularized under a policy if the appointment was illegal or based on forged documents?
  • Does the right to due process under Article 10-A of the Constitution of the Islamic Republic of Pakistan 1973 apply to administrative actions affecting the employment status of regularized workers?
  • Is the regularization of contract and contingent employees by a Cabinet Sub-Committee subject to review by a specialized committee to ensure compliance with policy guidelines?
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• Adnan Qureshi Versus Capital Development Authority2015 PLC(CS) 1030 · Islamabad High Court · 2012-01-31
  government accommodationtemporary injunctionfederal government servantcivil revisionwork-charge employeeallotment rulestrespasser
  Summary & questions settled

  This civil revision challenged concurrent orders of the lower courts dismissing the petitioner's application for a temporary injunction to retain government accommodation previously allotted to his retired father. The core legal question was whether the petitioner, having been employed by the Capital Development Authority, qualified as a 'Federal Government Servant' under the Accommodation Allocation Rules, 2002, and whether his employment status entitled him to retain the accommodation beyond the six-month period allowed after his father's retirement. The Court held that the petitioner's employment on a work-charge or daily-wage basis, even if later regularized, did not retroactively qualify him for accommodation allotment under the relevant rules. The Court affirmed that the petitioner fell outside the definition of a 'Federal Government Servant' eligible for such housing and that his continued occupation after the six-month grace period rendered him a 'trespasser' under the rules. The principle laid down is that the classification of a 'permanent workman' under the Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, does not override the specific eligibility criteria for government accommodation set forth in the Accommodation Allocation Rules, 2002.

  Questions settled

  • Does the classification of a 'permanent workman' under the Industrial and Commercial Employment (Standing Orders) Ordinance 1968 automatically qualify an employee as a 'Federal Government Servant' for the purpose of government accommodation allotment?
  • Can a government employee retain official accommodation allotted to their retired parent beyond the six-month grace period provided by the Accommodation Allocation Rules 2002?
  • Does an employee hired on a daily-wage or work-charge basis qualify as a 'Federal Government Servant' under the Accommodation Allocation Rules 2002?
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• Sohail Najeeb Versus Ministry of Finance2014 PLC(CS) 750 · Islamabad High Court · 2014-01-23
  SECP employee terminationmaintainability of appealCompanies OrdinanceSecurities and Exchange Commission of Pakistan Actnon-statutory rulestermination simplicitor
  Summary & questions settled

  This judgment addresses three consolidated First Appeals Against Orders filed by employees of the Securities and Exchange Commission of Pakistan against the termination of their services. The core legal question was whether an appeal against a termination order of SECP employees is maintainable before the High Court under Section 34 of the Securities and Exchange Commission of Pakistan Act, 1997. The Islamabad High Court dismissed the appeals, holding that Section 34 of the Securities and Exchange Commission of Pakistan Act, 1997 confines appeals to matters expressly covered under Part II of the Companies Ordinance, 1984, which does not include employment disputes of SECP staff. The court established the principle that service and employment grievances of SECP employees, whose rules are non-statutory and governed by the SECP HR Handbook, cannot be brought via appeal before the High Court under Section 34 of the SECP Act, and such aggrieved persons must approach the proper forum such as an ordinary Civil Court.

  Questions settled

  • Whether an appeal against the termination of an SECP employee is maintainable before the High Court under Section 34 of the Securities and Exchange Commission of Pakistan Act, 1997?
  • Does Part II of the Companies Ordinance, 1984 cover employment and service disputes of SECP employees?
  • Are the rules governing the employment of SECP officials statutory rules?
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• Rasheed Baig Versus Zarai Taraqiati Bank Limited2013 PLC(CS) 1444 · Islamabad High Court · 2013-05-16
  pensionary benefitsstatutory regulationsterms and conditions of serviceunilateral reductionaccrued rightsex-post facto approvalwrit jurisdiction
  Summary & questions settled

  This matter concerns writ petitions filed by employees of the Zarai Taraqiati Bank Limited (formerly Agricultural Development Bank of Pakistan) challenging the unilateral reduction of their pension factor from 2.33% to 1.15% by the Bank's Board of Directors. The core legal question was whether the Board of Directors possessed the authority to alter statutory pension regulations to the detriment of employees without prior Federal Government approval or legislative amendment. The Court held that the Board of Directors acted beyond its legal authority, as the Agricultural Development Bank Employees Pension and Gratuity Regulations, 1981, remained in force and binding. The Court set aside the reduction, ruling that the Board could not unilaterally diminish accrued pension rights. The key principle laid down is that statutory regulations governing the terms and conditions of service cannot be altered by a corporate board to the detriment of employees' accrued rights, and such structural changes cannot be validated by ex-post facto approval where the mandatory statutory requirements for approval were bypassed.

  Questions settled

  • Can a Board of Directors unilaterally reduce pension factors established by statutory regulations without Federal Government approval?
  • Does the conversion of a statutory body into a company under the Companies Ordinance, 1984, automatically authorize the Board of Directors to alter statutory terms and conditions of service?
  • Are pension benefits protected as accrued rights that cannot be diminished by an administrative decision of a bank's board?
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• Mst. Saima Bibi alias Shama Versus State2025 PCrLJ 969 · Islamabad High Court · 2025-02-27
  post-arrest bailnarcotics controlrecovery of charasfemale accusedsuckling babyprohibitory clausestatutory bar
  Summary & questions settled

  This is a criminal petition filed under Section 497 of the Code of Criminal Procedure 1898 seeking post-arrest bail in a case registered under Sections 6, 9(1), and 3(c) of the Control of Narcotic Substances Act, 1997, involving the alleged recovery of 3600 grams of Charas from the petitioner, a female accused. The core legal question revolves around whether a female accused is entitled to post-arrest bail solely on the ground of having a suckling baby in jail with her, particularly when apprehended with a huge quantity of narcotics falling within the prohibitory clause. The Islamabad High Court dismissed the petition, holding that the mere presence of a minor child or suckling baby in jail is insufficient to grant bail when there is prima facie sufficient incriminating material connecting the accused to a serious narcotics offense. The court established that drug offenses involving huge quantities attract the statutory bar under Section 51 of the Control of Narcotic Substances Act, 1997, and that female offenders involved in heinous drug trafficking cannot claim automatic entitlement to bail merely on the basis of their gender or parental status.

  Questions settled

  • Whether a female accused is entitled to post-arrest bail solely on the ground that she is accompanied by a suckling baby in jail?
  • Does the recovery of 3600 grams of Charas attract the prohibitory bounds of Section 9(c) of the Control of Narcotic Substances Act, 1997?
  • Can bail be granted in narcotics cases where a statutory bar under Section 51 of the Control of Narcotic Substances Act, 1997 is attracted and no mala fide of the prosecution is shown?
  • Does the involvement of women as carriers in drug trafficking preclude them from claiming concession of bail on the basis of gender alone?
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• Malik Muhammad Umar Khan Versus Mst. Saadia Bibi2025 PCrLJ 661 · Islamabad High Court · 2023-10-31
  fugitive offenderright of audiencefunctus officioclerical errorsurrender to custodycriminal appealreview of judgment
  Summary & questions settled

  The applicant, Muhammad Zaman, filed an application under Section 561-A and Section 369 of the Code of Criminal Procedure 1898 seeking correction or amendment of a judgment passed by the Islamabad High Court in a criminal appeal, alleging a clerical error regarding his conviction. The respondent contested the maintainability of the application, arguing that the court became functus officio after passing the final judgment and that a review was impermissible. The court addressed the preliminary question of maintainability, noting that the applicant had neither surrendered nor lodged in jail to serve his sentence following his conviction. Relying on established jurisprudence, the court held that a convicted person who is a fugitive from justice and fails to surrender loses the right of audience and cannot maintain any application for rectification, correction, or review. Consequently, upon the request of the applicant's counsel, the application was dismissed as withdrawn, and directions were issued to the office not to entertain applications from post-conviction fugitive offenders.

  Questions settled

  • Whether a convicted person who has failed to surrender or lodge in jail can maintain an application for correction or rectification of a judgment?
  • Does the High Court possess review jurisdiction under the Code of Criminal Procedure 1898 to alter or modify a finalized criminal judgment?
  • What are the limitations on the power of a court to amend or alter a judgment after it has been signed and announced?
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• Muhammad Riaz alias Kala Versus State2025 PCrLJ 355 · Islamabad High Court · 2024-07-29
  unlicensed weaponrecovery of pistolSection 103 CrPCsafe custodyMohrir Malkhanabenefit of doubtexhibition of documents
  Summary & questions settled

  This criminal appeal was filed under Section 410 of the Code of Criminal Procedure 1898 against the judgment of the Additional Sessions Judge, Islamabad, convicting the appellant under Sections 13 and 20 of the Pakistan Arms Ordinance 1965. The prosecution case was based on the alleged disclosure and recovery of an unlicensed .30 bore pistol from a graveyard. The legal questions before the High Court involved whether the recovery from an open, publicly accessible place without associating independent witnesses complied with mandatory statutory rules, whether the failure to produce the Mohrir Malkhana compromised the safe custody of the weapon, and whether evidence from a separate trial could be relied upon without being properly exhibited. The High Court held that non-compliance with Section 103 Cr.P.C., lack of proof regarding safe custody, material contradictions in police testimonies, and failure to exhibit vital documents created reasonable doubt. The Court reiterated that evidence recorded in one trial cannot automatically be read in another. Consequently, the conviction was set aside, and the appellant was acquitted.

  Questions settled

  • Whether recovery of an incriminating weapon from an open public place without joining independent witnesses satisfies the mandatory requirements of Section 103 Cr.P.C.?
  • Whether the non-production of the Mohrir Malkhana as a witness during trial vitiates the prosecution's case by failing to establish safe custody of the case property?
  • Can evidence or forensic reports recorded in a separate judicial proceeding be read against an accused without being formally exhibited in the current trial?
  • Does a single reasonable doubt in the prosecution's case entitle the accused to acquittal as a matter of right?
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• Haneef Ahmed Versus State2025 PCrLJ 1890 · Islamabad High Court · 2025-06-30
  narcotics possessioncriminal appealforensic report delaychain of custodyocular evidencecircumstantial evidencecontrol of narcotic substances actreasonable doubt
  Summary & questions settled

  This criminal appeal challenged the conviction of the appellant under Section 9(1)(6)(c) of the Control of Narcotic Substances Act, 1997, for possession of 1025 grams of heroin. The appellant contended that discrepancies in ocular evidence, a delay in transmitting samples for forensic analysis beyond the 72-hour period prescribed by Rule 4(2) of the CNS (Government Analysts) Rules, 2001, and the failure to separately exhibit the packaging (a blue shopper bag) created reasonable doubt. The Islamabad High Court dismissed the appeal, affirming the conviction. The Court held that Rule 4(2) of the CNS (Government Analysts) Rules, 2001, is directory rather than mandatory, and delays do not automatically vitiate the trial. Furthermore, the Court clarified that police officials are competent witnesses in narcotics cases, as Section 103 of the Code of Criminal Procedure 1898 is inapplicable. Finally, the Court ruled that the failure to separately exhibit the packaging does not create reasonable doubt where the narcotics remained sealed within the original container and the chain of custody remained intact.

  Questions settled

  • Is the 72-hour time limit for transmitting narcotic samples for forensic analysis under Rule 4(2) of the CNS (Government Analysts) Rules, 2001, mandatory or directory?
  • Does the failure to separately exhibit the packaging or receptacle of recovered narcotics automatically create reasonable doubt in a criminal trial?
  • Are police officials competent witnesses in cases under the Control of Narcotic Substances Act, 1997, despite the non-application of Section 103 of the Code of Criminal Procedure 1898?
  • Does a minor variation in witness testimony regarding the handling of case property vitiate a conviction for narcotics possession?
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• Ahsan Ali Gardezi Versus State2025 PCrLJ 1801 · Islamabad High Court · 2025-06-16
  child sexual abusechild witness testimonyCCTV footage admissibilityforensic analysiscriminal appeal
  Summary & questions settled

  This criminal appeal challenges the judgment of the trial court convicting the appellant under Section 377-B of the Pakistan Penal Code 1860 for child sexual abuse and sentencing him to fourteen years imprisonment. The core legal questions involve the reliability and sufficiency of child witness testimonies, the admissibility of CCTV footage corroborated by forensic reports without summoning private premises owners, and the proof of the offence. The Islamabad High Court dismissed the appeal, holding that the testimonies of the minor victim and her brother were consistent, credible, and corroborated by medical and forensic evidence, including uncontroverted CCTV footage. The Court laid down the principle that once the authenticity and integrity of CCTV footage are confirmed through forensic analysis under relevant statutory provisions, private homeowners or shopkeepers are not required to be summoned merely to validate footage they neither created nor altered. Furthermore, child testimonies that successfully pass the rationality test are reliable when corroborated by circumstances and physical evidence.

  Questions settled

  • Whether CCTV footage accompanied by a forensic report is admissible per se without summoning the owner of the private premises where the camera was installed?
  • Can a conviction for child sexual abuse be sustained solely on the uncorroborated testimony of child witnesses?
  • What constitutes sexual abuse under Section 377-A of the Pakistan Penal Code 1860?
  • Does a child witness need to pass the rationality test before testifying in court?
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• Arshad Farooq Faheem Versus National Accountability Bureau through Chairman, Islamabad2025 PCrLJ 1773 · Islamabad High Court · 2022-03-07
  accountability referencemisuse of authoritydrug pricingcriminal misconductprocedural irregularityDRAP Actacquittalmens rea
  Summary & questions settled

  The petitioner challenged the dismissal of his application under Section 265-K of the Code of Criminal Procedure 1898, seeking acquittal in an accountability reference concerning alleged illegal price increases of drugs during his tenure as Chairman of the Drugs Pricing Committee. The core legal question was whether procedural irregularities in the discharge of official regulatory duties constitute criminal misconduct under the National Accountability Ordinance 1999, absent evidence of personal monetary gain or assets disproportionate to known income. The Court held that the petitioner’s actions, even if procedurally irregular, did not amount to criminal misconduct under the National Accountability Ordinance 1999, as there was no evidence of mens rea or personal enrichment. Emphasizing that the DRAP Act 2012 and the Drugs Act 1976 provide a specialized regulatory framework for drug pricing, the Court ruled that such regulatory functions cannot be criminalized by the National Accountability Bureau without proof of conscious misuse of authority for illegal gain. Consequently, the petition was allowed, and the petitioner was acquitted of all charges.

  Questions settled

  • Can procedural irregularities in the performance of official regulatory duties constitute criminal misconduct under the National Accountability Ordinance 1999?
  • Does the DRAP Act 2012 prevail over the National Accountability Ordinance 1999 regarding the regulation and pricing of drugs?
  • Is proof of personal monetary gain or assets disproportionate to known income a necessary element for establishing misuse of authority under Section 9(a)(vi) of the National Accountability Ordinance 1999?
  • At what stage of a trial can an application for acquittal under Section 265-K of the Code of Criminal Procedure 1898 be filed?
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• Muhammad Atif Versus State2025 PCrLJ 1762 · Islamabad High Court · 2025-07-04
  dishonour of chequefinancial obligationburden of proofcriminal revisionpresumption of considerationmiscarriage of justicemisreading of evidence
  Summary & questions settled

  This criminal revision petition challenged the conviction of the petitioner under Section 489-F of the Pakistan Penal Code 1860 for the dishonour of a cheque. The core legal questions were whether a conviction for dishonour of a cheque can be sustained without independent proof of an underlying financial obligation, and whether the presumption of consideration under the Negotiable Instruments Act 1881 applies to criminal trials. The Court held that the prosecution failed to establish the existence of a valid financial obligation, noting the complainant's failure to produce evidence of the alleged transaction, tax default notices, or a service contract. The Court set aside the conviction, ruling that the presumption of consideration under the Negotiable Instruments Act 1881 is strictly for civil disputes and cannot relieve the prosecution of its burden to prove all elements of a criminal offence beyond reasonable doubt. The judgment establishes that the mere dishonour of a cheque does not constitute an offence under Section 489-F unless the underlying financial obligation is independently proven by the prosecution.

  Questions settled

  • Does the presumption of consideration under the Negotiable Instruments Act 1881 apply to criminal trials?
  • Can a conviction under Section 489-F of the Pakistan Penal Code 1860 be sustained without independent proof of an underlying financial obligation?
  • Is the mere dishonour of a cheque sufficient to constitute an offence under Section 489-F of the Pakistan Penal Code 1860 without evidence of the underlying transaction?
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• Dr. Tashfeen Khan Versus National Accountability Bureau2025 PCrLJ 1735 · Islamabad High Court · 2025-06-23
  National Accountability Bureauassets beyond known sources of incomeinquiry vs investigationburden of proofstatutory thresholdwrit jurisdictionpublic office holder
  Summary & questions settled

  This writ petition challenged the National Accountability Bureau’s (NAB) decision to convert an inquiry into an investigation against a former civil servant regarding assets allegedly disproportionate to known sources of income. The core legal question concerned the procedural and evidentiary requirements for such conversion under the National Accountability Ordinance, 1999. The Court held that the conversion was unlawful as the NAB failed to substantiate the allegations with material evidence or demonstrate that the assets met the statutory threshold of Rs. 500 million. The Court established that "inquiry" and "investigation" are distinct stages, with the latter requiring substantiated evidence. It laid down a mandatory framework for Inquiry Officers, requiring them to perform comprehensive mathematical calculations of a public servant's assets against their income from the date of appointment. Furthermore, the Court emphasized that following the omission of the statutory presumption under Section 14, the prosecution bears the burden of proving that assets were acquired through "corrupt and dishonest means" using admissible material, rather than relying on presumptions. The petition was allowed, and the conversion set aside.

  Questions settled

  • What are the mandatory procedural requirements for an Inquiry Officer to convert an inquiry into an investigation under the National Accountability Ordinance 1999?
  • Does the omission of Section 14 of the National Accountability Ordinance 1999 remove the prosecution's ability to rely on adverse presumptions regarding assets disproportionate to known sources of income?
  • Must the National Accountability Bureau demonstrate that the value of assets exceeds the Rs. 500 million threshold before converting an inquiry into an investigation?
  • Is the Inquiry Officer required to provide a mathematical calculation of assets versus income from the date of appointment to justify an investigation?
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• Syed Qalb-e-Abbas Versus State2025 PCrLJ 1611 · Islamabad High Court · 2025-08-01
  Official Secrets Actdigital evidencechain of custodybenefit of doubtforensic analysiscriminal appealenforced disappearanceburden of proof
  Summary & questions settled

  The appellant challenged his conviction under Sections 3 and 4 of the Official Secrets Act, 1923, for allegedly communicating classified information to a foreign agent. The core legal questions concerned the sufficiency of evidence regarding the alleged transmission of sensitive information and the admissibility of digital evidence. The Islamabad High Court held that the prosecution failed to establish the essential ingredients of the offense. The Court found that the prosecution did not prove the actual communication of secret information, failed to identify the alleged foreign agent, and did not produce or exhibit the recovered devices in court. Furthermore, the digital forensic evidence was deemed unreliable due to the presence of malware, lack of chain of custody, and failure to seal the devices. The Court emphasized that the burden of proof rests on the prosecution, and in the absence of corroborative evidence, the appellant was entitled to the benefit of the doubt. The judgment reaffirms that digital evidence requires strict adherence to forensic standards, including verification of origin and integrity, to be admissible in criminal proceedings.

  Questions settled

  • Is digital evidence admissible if the recovered devices were not sealed or produced in court?
  • Does the presence of malware in a device render the digital evidence retrieved from it unreliable?
  • Can a conviction under the Official Secrets Act be sustained without proof of the actual transmission of classified information?
  • What are the mandatory requirements for recording a confessional statement under Section 164 of the Code of Criminal Procedure 1898?
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• Syed Kareem-ud-Din Versus Senior Superintendent of Police (SSP), Islamabad2025 PCrLJ 1578 · Islamabad High Court · 2025-05-06
  FIR registrationillegal detentioncognizable offenceJustice of the Peacepolice abuse of authoritySection 22-A Cr.P.C.fundamental rights
  Summary & questions settled

  This petition challenged an order by the Additional Sessions Judge dismissing an application under Section 22-A of the Code of Criminal Procedure 1898, which sought the registration of an FIR against police officials for illegal detention. The core legal question was whether the trial court, acting as a Justice of the Peace, erred in refusing to direct the registration of an FIR when the complaint disclosed a cognizable offence. The High Court held that the trial court's dismissal was improper. The Court affirmed that the duty of a Justice of the Peace is limited to determining whether the information discloses a cognizable offence; it does not extend to evaluating the veracity of the allegations. Furthermore, the Court reiterated that under Section 154 of the Code of Criminal Procedure 1898, the Officer In-charge is mandatorily required to register an FIR upon receiving information of a cognizable offence. The Court emphasized that registration does not preclude subsequent investigation or discharge under Section 169 of the Code of Criminal Procedure 1898 if allegations are found baseless. The petition was allowed, and the FIR was ordered to be registered.

  Questions settled

  • Does the duty of a Justice of the Peace under Section 22-A of the Code of Criminal Procedure 1898 extend to determining the truthfulness of a complaint?
  • Is an Officer In-charge of a police station legally obligated to register an FIR upon receiving information disclosing a cognizable offence?
  • Can police officials conduct a preliminary inquiry into the veracity of a complaint before registering an FIR under Section 154 of the Code of Criminal Procedure 1898?
  • Does the registration of an FIR preclude an investigating officer from recommending the discharge of an accused under Section 169 of the Code of Criminal Procedure 1898?
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• Rafaqat Hussain Shah Versus State2025 PCrLJ 1526 · Islamabad High Court · 2025-04-23
  criminal appealkidnappingbenefit of doubtjudicial parityadverse presumptionvictim testimonyacquittalQanun-e-Shahadat Order 1984
  Summary & questions settled

  This criminal appeal challenged the conviction of the appellant under Sections 364-A and 493-A of the Pakistan Penal Code 1860, for the alleged kidnapping and sexual exploitation of a minor. The core legal questions concerned the reliability of the prosecution's evidence, specifically the eight-day delay in FIR registration, the victim's contradictory statements, and the impact of the trial court's acquittal of co-accused persons on the appellant's case. The Islamabad High Court held that the prosecution failed to establish guilt beyond a reasonable doubt. The court emphasized that the victim's testimony, which shifted from a voluntary marriage claim to an abduction allegation, was unreliable and uncorroborated. Furthermore, the court applied the principle of judicial parity, noting that the acquittal of co-accused, against whom the victim made specific allegations, weakened the prosecution's case against the appellant. Invoking Article 129(g) of the Qanun-e-Shahadat Order, 1984, due to the non-production of material witnesses, and citing the necessity of extending the benefit of doubt to the accused where the prosecution's case is fraught with uncertainty, the court set aside the conviction and acquitted the appellant.

  Questions settled

  • Does the acquittal of co-accused persons on the same evidence warrant the acquittal of the remaining accused under the principle of judicial parity?
  • What is the legal effect of a material witness not being produced by the prosecution under Article 129(g) of the Qanun-e-Shahadat Order, 1984?
  • Can a conviction be maintained when the victim's testimony before the trial court contradicts their earlier statement recorded under Section 164 of the Code of Criminal Procedure 1898?
  • Is an unexplained delay in the registration of an FIR sufficient to cast doubt on the prosecution's case?
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• Malik Asif Noon Versus FIA Islamabad2025 PCrLJ 1434 · Islamabad High Court · 2025-04-30
  Anti-Money Laundering Actquashing of FIRSection 9 noticedue processfair trialproceeds of crimeinvestigation procedureshow-cause notice
  Summary & questions settled

  These writ petitions sought the quashing of two FIRs registered under the Anti-Money Laundering Act, 2010, alleging that the Investigating Officer failed to comply with the mandatory notice procedures prescribed under Section 9 of the Act. The core legal question was whether procedural deficiencies regarding notice service and the opportunity to be heard warrant the quashing of criminal proceedings. The Court dismissed the petitions, holding that while Section 9 imposes a mandatory duty on the Investigating Officer to issue notices and consider replies—reflecting principles of due process and fair trial—procedural lapses in this regard do not automatically invalidate an FIR where prima facie evidence of money laundering exists. The Court clarified that the notice under Section 9 is a substantive, protective measure, not a mere formality, and requires the Investigating Officer to make diligent efforts to serve the accused. The Court laid down that while quashing is an exceptional remedy, the Investigating Officer must ensure compliance with Section 9 by providing the accused a fresh opportunity to explain their position regarding alleged proceeds of crime.

  Questions settled

  • Does the failure of an Investigating Officer to strictly comply with the notice procedure under Section 9 of the Anti-Money Laundering Act, 2010, constitute sufficient grounds for quashing an FIR?
  • Is the issuance of a notice under Section 9 of the Anti-Money Laundering Act, 2010, a mandatory procedural requirement for the Investigating Officer before proceeding with a money laundering investigation?
  • Can an Investigating Officer proceed against an accused under the Anti-Money Laundering Act, 2010, without first providing the accused an opportunity to explain the source of the alleged proceeds of crime?
  • Does the failure of an accused to respond to a notice under Section 9 of the Anti-Money Laundering Act, 2010, absolve the Investigating Officer of the duty to make further efforts to serve the accused?
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• Col. (R) Khalil-Ur-Rehman Versus Judicial Magistrate Sec-302025 PCrLJ 1267 · Islamabad High Court · 2025-04-28
  cancellation reportFIR cancellationnotice to complainantfair investigationmagistrate dutiesdue process
  Summary & questions settled

  This petition challenges an order passed by the Judicial Magistrate accepting a cancellation report in respect of an FIR registered under Section 506 (ii) of the Pakistan Penal Code 1860 and Section 25-D of the Telegraph Act 1885. The petitioner contended that the cancellation process was hasty, perfunctory, and conducted without notifying the complainant, violating principles of natural justice and mandatory procedural requirements under the Code of Criminal Procedure 1898 and the Police Rules 1934. The court examined the legal duties of investigating officers and magistrates regarding notice to complainants and fair investigation. Holding that due process was flouted and the complainant was not properly served or heard before the acceptance of the cancellation report, the court set aside the impugned order. The legal principle laid down is that a magistrate considering a police cancellation report must ensure mandatory notice and fair opportunity of hearing are afforded to the complainant, acting fairly and justly even when performing administrative functions.

  Questions settled

  • Whether a notice is mandatory to be issued to the complainant before accepting a police cancellation report?
  • Does a Magistrate act in an administrative or judicial capacity when agreeing with a police report to cancel an FIR?
  • Can an adverse inference be drawn against a complainant during writ proceedings based on a presumption under Article 129(e) of the Qanun-e-Shahadat Order 1984 regarding the service of summons?
  • What are the grounds for case cancellation recognized under the Police Rules 1934 and High Court Rules and Orders?
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• Muhammad Irfan Shah Versus State2025 PCrLJ 1230 · Islamabad High Court · 2025-04-14
  Qatl-e-Amaddeath sentencedying declarationrelated witnessescriminal appealmurder referenceappreciation of evidence
  Summary & questions settled

  This criminal appeal challenges the conviction and death sentence of the appellant for the murder of the deceased under Section 302(b) of the Pakistan Penal Code 1860. The core legal questions concerned the credibility of related witnesses, the evidentiary weight of a dying declaration, and the impact of alleged discrepancies in prosecution testimony. The Islamabad High Court dismissed the appeal and confirmed the death sentence, holding that the prosecution successfully proved the appellant's guilt beyond reasonable doubt. The court affirmed that the mere relationship of witnesses to the deceased does not automatically render them interested or unreliable if their testimony is otherwise consistent and confidence-inspiring. It further held that a dying declaration, provided it is free from outside influence and made by a person in a fit state of mind, carries significant evidentiary weight. Additionally, the court ruled that minor discrepancies in testimony, particularly when recorded long after the occurrence, are not fatal to the prosecution's case, and the absence of a proven motive does not prevent the imposition of a death sentence when the offense is otherwise established.

  Questions settled

  • Does the mere relationship of a witness to the deceased render their testimony unreliable?
  • Can a death sentence be imposed if the prosecution fails to establish a motive for the crime?
  • What criteria must be met for a dying declaration to be considered reliable evidence?
  • Are minor discrepancies in witness testimony fatal to the prosecution's case?
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• Shakeel Ahmed Qureshi Versus State2025 PCrLJ 1125 · Islamabad High Court · 2018-11-29
  murderrobberyinjured witnessocular testimonymedical corroborationplea of substitutionenhancement of sentence
  Summary & questions settled

  This criminal appeal and criminal revision arise from a judgment of the Trial Court convicting the appellant for murder, robbery, and dishonestly receiving stolen property. The prosecution case is built on the testimony of the injured widow of the deceased, who identified the appellant as their newly hired driver who entered their bedroom, attacked her husband with a pestle causing fatal head injuries, injured her, and robbed them of valuables and cash. The core legal questions involved the reliability of the injured eyewitness testimony, the corroboration of ocular account with medical evidence, the plea of substitution, and the quantum of sentence. The Islamabad High Court held that the eyewitness account of the injured complainant, duly corroborated by medical evidence, conclusively established the guilt of the appellant beyond a shadow of doubt, and that the plea of substitution was baseless. The Court set aside the conviction under Section 411 of the Pakistan Penal Code 1860 as the recovery was effected from the appellant's father, partially allowed the criminal revision by enhancing the sentence under Section 392, and maintained the conviction and sentence of life imprisonment under Section 302(b) due to mitigating circumstances. The key principle laid down is that quality of evidence prevails over quantity, and that clear, consistent ocular testimony of an injured witness, when corroborated by medical evidence, is sufficient to sustain a conviction.

  Questions settled

  • Whether the unshakeable testimony of an injured eyewitness is sufficient to sustain a conviction for murder without formal recovery from the accused?
  • Can an appellate court enhance the sentence for robbery under Section 392 of the Pakistan Penal Code 1860 if the trial court's awarded sentence is on the lower side?
  • Is a conviction under Section 411 of the Pakistan Penal Code 1860 sustainable when stolen property is produced by the accused's father rather than recovered directly from the accused's possession?
  • What is the evidentiary value of an injured eyewitness who is intimately familiar with the accused prior to the commission of the crime?
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• Muhammad Ayaz Khan Versus Ms. Iman Haider Syed2025 PCrLJ 1109 · Islamabad High Court · 2025-03-21
  private complaintdismissal for non-prosecutionpreliminary stagesecond complaintacquittaldouble jeopardy
  Summary & questions settled

  The appellant challenged an order passed by the Additional Sessions Judge dismissing his private complaint under Section 200 of the Code of Criminal Procedure, 1898 for non-appearance and non-compliance with court orders at the preliminary stage. The core legal questions involved whether a complaint under Section 200 could be dismissed for non-prosecution at the preliminary stage, and whether a second complaint on the same facts is maintainable following such a dismissal. The court held that a complaint can be dismissed under Section 203 of the Code of Criminal Procedure, 1898 at the preliminary stage for non-prosecution, but such dismissal does not amount to an acquittal under Section 403. Consequently, the dismissal does not bar the filing of a fresh second complaint on the same facts. The key principle laid down is that the dismissal of a private complaint at the preliminary stage prior to the summoning of the accused does not attract the bar of autrefois acquit or double jeopardy and permits the filing of a subsequent complaint.

  Questions settled

  • Whether a complaint under Section 200, Code of Criminal Procedure 1898 could be dismissed for non-prosecution or not?
  • If the first complaint has been dismissed for non-prosecution whether a second complaint under Section 200, Code of Criminal Procedure 1898 can be filed before the same Court regarding the same occurrence or not?
  • Does the dismissal of a private complaint under Section 203, Code of Criminal Procedure 1898 at the preliminary stage amount to an acquittal of the accused?
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• Nosherwan Adil Versus Altaf Hussain Shah2025 PCrLJ 1022 · Islamabad High Court · 2024-12-05
  Ex-Officio Justice of Peaceregistration of FIRquasi-judicial powerscognizable offencecivil disputewrit jurisdictionSection 22-A Cr.P.C.
  Summary & questions settled

  This writ petition challenged an order passed by an Ex-Officio Justice of Peace directing the registration of an FIR against the petitioners. The core legal question was whether the Justice of Peace exercised their quasi-judicial discretion properly under Section 22-A(6) of the Code of Criminal Procedure 1898 when ordering FIR registration despite a police report characterizing the dispute as civil and lacking evidence of a cognizable offence. The Islamabad High Court held that the impugned order was passed mechanically without addressing the police report or providing tangible reasons for disregarding it. The Court emphasized that the functions of an Ex-Officio Justice of Peace are quasi-judicial, requiring the application of a judicial mind to ensure prima facie material exists before issuing directions, rather than acting in an administrative or ministerial capacity. Consequently, the Court set aside the impugned order, ruling that the Justice of Peace must not act mechanically and that the complainant has alternative remedies, such as filing a private complaint, to pursue their allegations.

  Questions settled

  • Does an Ex-Officio Justice of Peace have the authority to order the registration of an FIR in a purely civil dispute?
  • Is the function of an Ex-Officio Justice of Peace under Section 22-A(6) of the Code of Criminal Procedure 1898 administrative or quasi-judicial?
  • Must an Ex-Officio Justice of Peace provide reasons when disregarding a police report in proceedings for the registration of an FIR?
  • Can an Ex-Officio Justice of Peace act mechanically when considering an application for the registration of an FIR?
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• Muhammad Naseer Versus State2024 PCrLJ 868 · Islamabad High Court · 2023-08-28
  post-arrest bailnarcotics controlborderline caserecovery weightinvestigation standardschemical examiner report
  Summary & questions settled

  This petition for post-arrest bail concerns an accused charged under Section 9(1)6-C of the Control of Narcotic Substances Act, 1997, for the alleged possession of 1080 grams of heroin. The core legal question was whether the petitioner was entitled to bail given the quantity of narcotics recovered and the circumstances of the seizure. The Court held that the petitioner is entitled to bail, reasoning that the recovery quantity, which included the weight of the packaging, placed the case in a 'borderline' category. Furthermore, the Court noted the absence of a Chemical Examiner's report and the fact that the petitioner was a first-time offender. The key principles laid down are that in bail applications, the lesser quantum of sentence must be considered; that cases where the recovered narcotic weight is near the threshold between statutory sentencing tiers warrant further probe; and that investigating agencies must conduct thorough investigations into the entire chain of narcotics trafficking, rather than focusing solely on the individual apprehended at the spot.

  Questions settled

  • Does the inclusion of packaging weight in the total weight of recovered narcotics create a 'borderline' case for the purpose of bail?
  • Is an accused entitled to bail if the recovered narcotic substance quantity is near the threshold between different sentencing tiers under the Control of Narcotic Substances Act 1997?
  • What is the duty of investigating agencies regarding the investigation of the broader narcotics trafficking chain beyond the person apprehended at the spot?
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• Fazal Noman Sabir Versus Haji Abdul Khaliq Awan2024 PCrLJ 2072 · Islamabad High Court · 2024-04-22
  Illegal Dispossession Actabatement of proceedingsrestoration of possessionproclaimed offendertrial in absentiadeath of accusedproperty rightscriminal revision
  Summary & questions settled

  This criminal revision petition under Section 435 read with Section 439 of the Code of Criminal Procedure 1898 challenged an order passed by the Additional Sessions Judge dismissing the petitioner's application for the abatement of proceedings under the Illegal Dispossession Act, 2005, following the death of one accused and the declaration of other co-accused as proclaimed offenders. The core legal question was whether proceedings under the Illegal Dispossession Act, 2005 entirely abate upon the death of an accused or the absconsion of others, or whether the complaint survives concerning property control and the restoration of possession to the lawful owner. The Islamabad High Court held that while penal proceedings abate regarding a deceased accused, the complaint continues under the second limb of Section 3 and Section 8 of the Illegal Dispossession Act, 2005 to determine unlawful control, occupation, and the restoration of property to the rightful owner or occupier, including persons claiming through the accused. The Court laid down that the special statutory mechanism for property restoration overrides general criminal procedures on abatement and that proceedings may continue against interested parties and absconders in accordance with law.

  Questions settled

  • Whether proceedings under the Illegal Dispossession Act, 2005 entirely abate upon the death of an accused person?
  • Can a trial court continue proceedings for the restoration of property against persons claiming through a deceased accused under the Illegal Dispossession Act, 2005?
  • Whether the provisions of the Code of Criminal Procedure regarding the abatement of appeals apply automatically to override the special mechanism of the Illegal Dispossession Act, 2005?
  • Is a trial court empowered to record evidence in the absence of absconding accused who have been declared proclaimed offenders in an illegal dispossession case?
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• Syed Baqir Raza Naqvi Versus State2024 PCrLJ 1651 · Islamabad High Court · 2024-06-12
  post-arrest bailcontrol of narcotic substancescannabidiolhemp oilfurther inquirytetrahydrocannabinolcannabis control and regulatory authority ordinance
  Summary & questions settled

  The petitioners sought post-arrest bail in a case registered under the Control of Narcotic Substances Act, 1997, relating to the alleged possession and online sale of CBD/Hemp Oil/THC. The core legal questions involved determining the proper classification of Cannabidiol (CBD) under the Control of Narcotic Substances Act, 1997 and its interplay with the newly promulgated Cannabis Control and Regulatory Authority Ordinance, 2024, as well as whether possession of CBD falls within the prohibitory clause of section 497 of the Code of Criminal Procedure, 1898. The Islamabad High Court held that the ambiguous nature of the laboratory report regarding the percentage of tetrahydrocannabinol (THC) and the overlapping applicability of the two legislative enactments rendered the case one of further inquiry under section 497(2) of the Code of Criminal Procedure, 1898. Consequently, the court granted post-arrest bail to the petitioners, laying down the principle that where the chemical composition, specific statutory categorization, and applicability of competing specialized laws regarding a recovered substance remain unquantified and doubtful, the accused is entitled to the benefit of further inquiry.

  Questions settled

  • Whether Cannabidiol (CBD) is a prohibited substance under the Control of Narcotic Substances Act, 1997?
  • Does the possession of hemp oil or CBD attract penal consequences under the Control of Narcotic Substances Act, 1997 or the Cannabis Control and Regulatory Authority Ordinance, 2024?
  • Whether an incomplete chemical laboratory report failing to provide a quantitative assessment of THC creates a case of further inquiry for the grant of bail?
  • How does the Cannabis Control and Regulatory Authority Ordinance, 2024 interact with the pre-existing provisions of the Control of Narcotic Substances Act, 1997 regarding cannabis derivatives?
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• Javad Khan Versus State2023 PCrLJ 1092 · Islamabad High Court · 2023-02-17
  quashment of FIRPrevention of Electronic Crimes ActFIA jurisdictionnon-cognizable offencejoint trialspecial lawlegislative intentjoint investigation team
  Summary & questions settled

  The petitioner sought the quashment of an FIR registered by the Federal Investigation Agency (FIA) for offences under section 14 of the Prevention of Electronic Crimes Act, 2016 (PECA) and sections 419 and 420 of the Pakistan Penal Code, 1860 (P.P.C.). The core legal questions concerned whether the FIA, as an investigation agency under PECA, has jurisdiction to investigate P.P.C. offences; whether the inclusion of cognizable P.P.C. offences allows the FIA to register an FIR for a non-cognizable PECA offence without prior judicial permission; and whether a special Court designated under PECA can conduct a joint trial of PECA and P.P.C. offences. The Court held that PECA is a special law, and the FIA's investigative powers under PECA are limited to PECA offences. It ruled that the FIA cannot bypass the non-cognizable nature of PECA offences by joining them with cognizable P.P.C. offences. Furthermore, PECA does not authorize joint trials of PECA and P.P.C. offences. The Court established that separate investigations and trials are required, and the FIR was quashed for lack of legal authority.

  Questions settled

  • Does the FIA, as an investigation agency under the Prevention of Electronic Crimes Act, 2016, have jurisdiction to investigate offences defined under the Pakistan Penal Code, 1860?
  • Can an investigation agency register an FIR for a non-cognizable offence under the Prevention of Electronic Crimes Act, 2016, without prior judicial permission by joining it with a cognizable offence under the Pakistan Penal Code, 1860?
  • Can a special Court designated under the Prevention of Electronic Crimes Act, 2016, conduct a joint trial of offences under the Act and offences under the Pakistan Penal Code, 1860?
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• Muhammad Shah Versus State2023 PCrLJ 1022 · Islamabad High Court · 2023-03-08
  criminal appealnarcotic traffickingjudgment writingprocedural illegalityspeaking orderremandfair trial
  Summary & questions settled

  This criminal appeal challenged a conviction under Section 9(c) of the Control of Narcotic Substances Act, 1997, for drug trafficking. The core legal question was whether the trial court's judgment satisfied the mandatory procedural requirements for judicial pronouncements. The High Court observed that the impugned judgment was perfunctory, lacked reasoning, and contained material factual errors regarding the date and location of the occurrence. Holding that the failure to state points for determination and provide reasoned findings constitutes a non-curable illegality under the Code of Criminal Procedure, 1898, the Court set aside the conviction. The key principle laid down is that a criminal judgment must be a speaking order that explicitly addresses points for determination, provides a reasoned decision based on evidence, and complies with the mandatory requirements of Sections 366 and 367 of the Code of Criminal Procedure, 1898. Consequently, the matter was remanded for a fresh decision by a different presiding officer to ensure a fair trial and judicious dispensation of justice.

  Questions settled

  • Does a trial court judgment that fails to specify points for determination and provide reasons for the decision violate the Code of Criminal Procedure 1898?
  • Is the failure of a trial court to comply with the requirements of Section 367 of the Code of Criminal Procedure 1898 a curable irregularity?
  • Can a High Court remand a criminal case for a fresh judgment when the trial court's original judgment is found to be perfunctory and devoid of reasoning?
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• Muhammad Ashar Halim Quraishi Versus Ex-Officio Justice of Peace/Additional Sessions Judge, East Islamabad2022 PCrLJ 534 · Islamabad High Court · 2022-01-19
  Ex-Officio Justice of Peaceregistration of FIRquasi-judicial powerscognizable offencepolice reportwrit jurisdictionprivate complaint
  Summary & questions settled

  This writ petition challenges an order passed by an Ex-Officio Justice of Peace under Section 22-A/B, Code of Criminal Procedure 1898, which directed the police to register an FIR based on a complaint. The petitioner argued that the Justice of Peace acted mechanically by ignoring a police report that concluded no cognizable offence had occurred and that the complaint was a counter-blast to an existing FIR. The Court held that the functions of an Ex-Officio Justice of Peace under Section 22-A(6), Code of Criminal Procedure 1898 are quasi-judicial in nature, requiring the application of judicial mind and the provision of tangible reasons when departing from police reports. The Court found that the impugned order was passed without such reasoning and in a mechanical manner. Consequently, the Court set aside the impugned order, emphasizing that the complainant retains the alternative remedy of filing a private complaint under Section 200, Code of Criminal Procedure 1898 to pursue their allegations before a competent forum.

  Questions settled

  • Are the functions performed by an Ex-Officio Justice of Peace under Section 22-A(6), Code of Criminal Procedure 1898, quasi-judicial in nature?
  • Can an Ex-Officio Justice of Peace disregard a police report without providing tangible reasons?
  • Does a complainant have the right to file a private complaint under Section 200, Code of Criminal Procedure 1898, if the police refuse to register an FIR?
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• Masood Ur Rahman Abbasi Versus State2022 PCrLJ 439 · Islamabad High Court · 2021-12-16
  post-arrest bailfair trialjudicial independencedue processdefamationcyber crimeperception of bias
  Summary & questions settled

  This matter concerns a post-arrest bail petition filed by an accused charged under the Pakistan Penal Code 1860 and the Prevention of Electronic Crimes Act 2016 for allegedly criticizing the Chief Justice of Pakistan. The core legal question was whether the accused was entitled to bail given the nature of the allegations involving a high-ranking judicial officer and the potential for bias in the trial process. The Court granted bail, noting that the prosecution failed to establish the applicability of the charged offences or the complainant's locus standi. The Court held that when an accused is charged with offences involving a judicial officer, the judiciary must ensure a fair trial and avoid any perception of bias. Judges must not act as judges in their own cause; therefore, to preserve the integrity of the judicial process and ensure due process, the concession of bail is essential in such cases unless compelling reasons exist to refuse it, as the judiciary is open to public criticism.

  Questions settled

  • Does the criticism of a judicial officer by an accused justify the denial of bail?
  • Is the concession of bail essential to ensure a fair trial when an accused is charged with offences involving a judicial officer?
  • Can a court maintain public confidence if it appears to be acting as a judge in its own cause?
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• Shifa International Hospital, Islamabad Versus Director General, FIA, Islamabad2022 PCrLJ 245 · Islamabad High Court · 2021-02-16
  writ petitionFIA inquiryillegal constructionencroachmentnon-conforming useCDA building by-lawsconstitutional jurisdiction
  Summary & questions settled

  The petitioner filed a writ petition seeking to declare the inquiry and notices initiated by the Federal Investigation Agency (FIA) and show cause notices issued by the Capital Development Authority (CDA) as illegal, and to direct CDA to decide on the petitioner's revised layout plan. The core legal question was whether the High Court should interfere in ongoing investigations by law enforcement agencies and regulatory actions taken by a statutory body under its constitutional writ jurisdiction. The Islamabad High Court dismissed the petition, holding that both respondents were performing their statutory duties strictly in accordance with law and that courts should not interfere in ongoing inquiries or investigations by law enforcement agencies. The court laid down the principle that writ jurisdiction under Article 199 will not be exercised to restrain lawful inquiries into alleged encroachments, non-conforming land use, and connivance with public officials, provided the authorities act within their legal mandates.

  Questions settled

  • Can the High Court interfere with an ongoing inquiry or investigation being conducted by a law enforcement agency under Article 199 of the Constitution?
  • Whether the Federal Investigation Agency has the authority to conduct an inquiry regarding alleged illegal possession and construction on government land in connivance with public officials?
  • Is the Capital Development Authority empowered to take action against violations of allotment terms, building by-laws, and unauthorized construction?
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• Zahid Karim Versus State2021 PCrLJ 308 · Islamabad High Court · 2020-07-06
  criminal breach of trustsection 342 Cr.P.C.withholding of witnessadverse inferencehandwriting expert reportcriminal appealacquittalmisreading of evidence
  Summary & questions settled

  The appellant challenged his conviction and sentence under section 409 of the Pakistan Penal Code 1860 passed by the Special Judge (Central), Rawalpindi, relating to alleged criminal breach of trust and the tampering of bank cheques while working as a Cashier at the Pakistan National Council for the Arts. The core legal questions involved whether the prosecution proved its case beyond reasonable doubt, the effect of withholding material witnesses, and the legal consequences of failing to put incriminating pieces of evidence to the accused during his examination under section 342 of the Code of Criminal Procedure 1898. The Islamabad High Court held that the prosecution failed to establish its case, noting serious defects including defective framing of charges, non-production of key inquiry officers, failure to put crucial evidence like the handwriting expert report and allegedly tampered cheques to the accused under section 342, and drawing adverse inferences under Article 129(g) of the Qanun-e-Shahadat Order, 1984. Consequently, the appeal was allowed, and the conviction and sentence were set aside. The key principles laid down include that any piece of evidence not put to an accused person under section 342, Code of Criminal Procedure 1898 cannot be used for recording a conviction, and the withholding of crucial independent witnesses warrants an adverse inference against the prosecution.

  Questions settled

  • Can a piece of evidence or circumstance not put to an accused person during his examination under section 342 of the Code of Criminal Procedure 1898 be considered for recording a conviction?
  • What is the legal effect of withholding a crucial independent inquiry witness by the prosecution during a criminal trial?
  • Whether a conviction for criminal breach of trust can be sustained when the prosecution fails to prove the essential ingredients of the charge beyond reasonable doubt?
  • Does the failure to put the report of a handwriting expert to the accused under section 342 of the Code of Criminal Procedure 1898 vitiate its use as incriminating evidence?
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• Khalid Mehmood Bhatti Versus Muhammad Suleyman Khan2021 PCrLJ 1850 · Islamabad High Court · 2021-03-24
  Section 145 CrPCdispute over possessionremand orderrevisional jurisdictionproperty disputeactual physical possession
  Summary & questions settled

  This criminal miscellaneous petition challenged an order of the Additional Sessions Judge (West), Islamabad, which set aside a Magistrate's order regarding a property dispute under Section 145, Code of Criminal Procedure 1898 and remanded the matter for fresh determination. The core legal question was whether the revisional court acted within its jurisdiction in remanding the case when the Magistrate's initial order failed to conclusively determine actual physical possession on the relevant date. The High Court held that the remand order was proper because the Magistrate had failed to adequately appreciate the evidence regarding possession, including police reports and admitted agreements between the parties. The court affirmed that in proceedings under Section 145, the primary duty of the Magistrate is to determine actual physical possession, not title. The key principle laid down is that where evidence is insufficient or contradictory regarding the fact of possession, and the lower court has failed to objectively verify the points of determination, a remand to the trial court for a fresh decision is a legally sound and appropriate exercise of revisional jurisdiction.

  Questions settled

  • Can a Magistrate determine title or ownership in proceedings initiated under Section 145, Code of Criminal Procedure 1898?
  • Is a revisional court justified in remanding a case under Section 145, Code of Criminal Procedure 1898 when the trial court fails to conclusively determine actual physical possession?
  • What is the scope of a Magistrate's inquiry in a dispute concerning land possession under Section 145, Code of Criminal Procedure 1898?
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• Rashid Ahmed Versus Muhammad Masood2020 PCrLJ 1126 · Islamabad High Court · 2020-02-28
  dishonour of chequecriminal breach of contractappeal against acquittalmens reabenefit of doubtcivil nature disputeguarantee cheque
  Summary & questions settled

  This criminal appeal challenges the judgment of acquittal passed by the Judicial Magistrate in a case registered under Section 489-F of the Pakistan Penal Code 1860, concerning the dishonour of a cheque issued towards a construction agreement. The core legal question was whether the issuance of a cheque as a guarantee in a civil construction dispute, lacking dishonest intent (mens rea) and statutory foundational elements, attracts penal liability under Section 489-F. The Islamabad High Court dismissed the appeal, holding that the dispute was essentially of a civil nature regarding rendition of accounts and that mere issuance of a cheque and its subsequent dishonour do not constitute an offence under Section 489-F unless dishonesty and fraudulent intent are proven beyond a reasonable doubt. The Court reiterated the established principles governing appeals against acquittal, emphasizing that double innocence attached to an acquittal warrants non-interference unless the judgment is perverse or arbitrary, and that any reasonable doubt must be resolved in favour of the accused.

  Questions settled

  • Does the issuance of a cheque as a guarantee in a construction dispute attract penal liability under Section 489-F of the Pakistan Penal Code 1860?
  • Is mere dishonour of a cheque sufficient to constitute an offence under Section 489-F of the Pakistan Penal Code 1860 without proof of dishonest intent?
  • What are the foundational elements that the prosecution must prove to establish an offence under Section 489-F of the Pakistan Penal Code 1860?
  • Under what circumstances will an appellate court interfere with a judgment of acquittal where a presumption of double innocence is attached?
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• Adil Khan Versus State2019 PCrLJ 852 · Islamabad High Court · 2018-09-17
  circumstantial evidencebenefit of doubtmurder convictionunnatural deathforensic evidencecriminal appealinvestigation flaws
  Summary & questions settled

  This criminal appeal challenged the conviction of the appellant for the murder of his wife under Section 302(b) of the Pakistan Penal Code 1860. The core legal question was whether the prosecution successfully established the appellant's guilt beyond reasonable doubt based on circumstantial evidence, given the defense's plea of suicide. The Islamabad High Court held that the prosecution failed to prove its case. The court noted significant discrepancies, including the lack of eye-witnesses, the delay in lodging the FIR, the failure of the investigation officer to associate natural witnesses, and the improper handling of the crime scene. Medical evidence regarding the contact wound and the absence of blackening supported the possibility of suicide rather than homicide. The court emphasized that while an unnatural death in a home requires explanation, the burden of proof remains on the prosecution. Consequently, the court set aside the conviction, acquitted the appellant, and dismissed the complainant's revision petition for sentence enhancement, ruling that the benefit of doubt must be extended to the accused as a matter of right.

  Questions settled

  • Does the failure of an investigation officer to associate natural witnesses in a murder case create reasonable doubt?
  • Can a conviction be sustained when the prosecution relies solely on circumstantial evidence that is equally consistent with suicide?
  • Does the burden of proof shift to the accused in cases of unnatural death within a home?
  • What is the evidentiary value of a crime weapon and empty cartridge when they are sent to the forensic laboratory together long after the incident?
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• Federal Employees Cooperative Housing Society Versus Director General, Federal Investigation Agency, Islamabad2019 PCrLJ 594 · Islamabad High Court · 2018-10-19
  Co-operative Societies ActFIA jurisdictionbar of jurisdictioncriminal investigationhousing society fraudspecial laws interpretationpublic servant
  Summary & questions settled

  The petitioner cooperative housing society challenged the inquiries initiated against it by the Federal Investigation Agency under the Federal Investigation Agency Act, 1974, contending that the Registrar of Co-operative Societies possesses exclusive jurisdiction over the affairs and disputes of the society under the Co-operative Societies Act, 1925, and that section 63 bars court cognizance except upon the Registrar's written complaint. The core legal question was whether the jurisdiction of the Federal Investigation Agency to investigate criminal offences and corruption is ousted by the special mechanism and bar of jurisdiction provisions contained in the Co-operative Societies Act, 1925. The Islamabad High Court dismissed the petition, holding that the Co-operative Societies Act, 1925 and the Federal Investigation Agency Act, 1974 operate in distinct fields with different objectives and do not overlap or conflict. The court ruled that while the Registrar has exclusive authority regarding internal management, arbitration, civil remedies, and specific minor offences enumerated under the Co-operative Societies Act, 1925, this does not bar law enforcement agencies like the Federal Investigation Agency from investigating criminal offences, fraud, corruption, or penal code violations committed by society officials or members.

  Questions settled

  • Does the exclusive jurisdiction of the Registrar under the Co-operative Societies Act, 1925 bar the Federal Investigation Agency from investigating criminal offences committed by society members or officers?
  • What is the scope and extent of the bar of jurisdiction under section 70-A and section 63 of the Co-operative Societies Act, 1925?
  • Whether the offences enumerated under Chapter-IX of the Co-operative Societies Act, 1925 exclude the application of the Pakistan Penal Code, 1860 and the Federal Investigation Agency Act, 1974?
  • Can executive members and officers of a co-operative housing society be treated as public servants for the purpose of criminal investigation and accountability?
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• Aamir Shamas Versus State2019 PCrLJ 41 · Islamabad High Court · 2018-10-11
  suspension of sentencepost-conviction bailcyber crimehackingblackmailingelectronic transactions
  Summary & questions settled

  This is a criminal miscellaneous application filed under Section 426 of the Code of Criminal Procedure 1898, seeking the suspension of sentence awarded to the petitioner by the Sessions Judge/Prevention of Electronic Crime Court, Islamabad. The petitioner was convicted under Sections 36 and 37 of the Electronic Transaction Ordinance 2002, and sentenced to three years of rigorous imprisonment on each count with fines, following allegations of hacking the complainant's Facebook account, creating fake profiles, and disseminating fabricated obscene pictures to harass and blackmail her. The core legal question before the court was whether the petitioner's sentence could be suspended under Section 426 of the Code of Criminal Procedure 1898 prior to the expiry of the statutory period of six months from conviction, given that the appeal had been filed only a month prior. The Islamabad High Court dismissed the application, holding that the petition was premature as the mandatory six-month threshold under subsection (1-A) of Section 426 had not elapsed, and outlining key principles governing the suspension of sentences pending appeal.

  Questions settled

  • Can a sentence be suspended under Section 426 of the Code of Criminal Procedure 1898 before the expiry of the statutory time frame prescribed in subsection (1-A)?
  • What are the guiding principles for an appellate court when considering an application for suspension of sentence and grant of bail post-conviction?
  • Does the time elapsed since the filing of the appeal satisfy the requirements for suspension of a three-year sentence under Section 426 of the Code of Criminal Procedure 1898?
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• Muhammad Shafaqat Versus State2019 PCrLJ 1764 · Islamabad High Court · 2019-04-15
  murdercircumstantial evidencebenefit of doubtconfessional statementacquittal of co-accusedinterested witnesscriminal appeal
  Summary & questions settled

  This criminal appeal challenged the conviction and life imprisonment of the appellant for the murder of his wife under Section 302/34, Pakistan Penal Code 1860. The core legal questions concerned whether the prosecution proved the case beyond reasonable doubt, the validity of the appellant's retracted confessional statement, and whether the acquittal of co-accused on the same evidence necessitated the appellant's acquittal. The Islamabad High Court held that the prosecution failed to establish a chain of evidence, noting that the weapon recovery was inconsequential and the motive unproven. The Court emphasized that when co-accused with similar roles are acquitted on the same evidence, the remaining accused is entitled to the same treatment. Furthermore, the Court ruled that a conviction cannot rest solely on a retracted, uncorroborated confession, especially when recorded in a language the accused may not fully comprehend. Finding that the prosecution failed to link the appellant to the crime, the Court allowed the appeal, set aside the conviction, and acquitted the appellant, extending him the benefit of the doubt.

  Questions settled

  • Does the acquittal of co-accused on the same set of evidence entitle the remaining accused to acquittal?
  • Can a conviction be sustained solely on a retracted confessional statement without independent corroboration?
  • Is a confessional statement recorded in English valid if the accused is not proficient in the language and no interpreter is provided?
  • Does the failure of the prosecution to prove motive and link the accused to the crime warrant the benefit of the doubt?
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• Taha Raza Versus State2019 PCrLJ 1677 · Islamabad High Court · 2019-06-19
  post-arrest bailmoney launderingcorruption and corrupt practicesfake bank accountsprohibitory clausemega corruptionNational Accountability Ordinance
  Summary & questions settled

  This judgment addresses two writ petitions filed by Taha Raza and Hussain Lawai seeking post-arrest bail in NAB Reference No. 02 of 2019, which arose from an FIR concerning fraudulent bank accounts used for money laundering and massive financial corruption. The core legal questions involved whether the petitioners, who held senior executive positions at Summit Bank, were prima facie connected to the opening of a fake account through which billions of rupees were routed, and whether they were entitled to post-arrest bail on merits or on medical grounds under the Code of Criminal Procedure, 1898 and anti-corruption laws. The Islamabad High Court held that the tentative assessment of the record revealed strong prima facie evidence connecting the petitioners to the scam, that the offenses fell within the prohibitory clause of section 497 of the Code of Criminal Procedure, 1898, and that no extraordinary circumstances or extreme hardship warranted the grant of bail in cases of mega corruption. The court laid down the principle that courts must apply anti-corruption laws stringently at the bail stage and that persons occupying high positions in financial institutions who facilitate large-scale money laundering and corruption are not entitled to bail.

  Questions settled

  • Whether corporate heads of a bank can be granted post-arrest bail when prima facie evidence shows they directed and facilitated the opening of fraudulent accounts used for money laundering?
  • Do offenses involving mega corruption and massive financial fraud fall within the prohibitory clause of section 497 of the Code of Criminal Procedure, 1898?
  • What is the standard for granting bail in cases involving corruption and money laundering under the National Accountability Ordinance, 1999?
  • Whether deteriorating health grounds or lack of adequate medical facilities in jail constitute extreme hardship justifying bail in high-profile corruption cases?
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• State Versus Muhammad Siddique2019 PCrLJ 1600 · Islamabad High Court · 2019-06-12
  criminal appealacquittalreasonable doubtocular testimonyforensic evidencehostile witnessesAnti-Terrorism Actpolice investigation
  Summary & questions settled

  This criminal appeal challenged the conviction and death sentence handed down by an Anti-Terrorism Court against two appellants for the murder of a police official during a religious procession. The core legal question was whether the prosecution had established the appellants' guilt beyond a reasonable doubt given the conflicting evidence and the conduct of the prosecution witnesses. The Islamabad High Court held that the prosecution failed to prove its case. The court observed that the ocular testimonies provided by police officials were inconsistent, contradictory, and lacked credibility, as several witnesses turned hostile or retracted their earlier statements. Furthermore, the court found significant discrepancies in the recovery of weapons and the chain of custody regarding forensic evidence, which cast serious doubt on the prosecution's narrative. Consequently, the court set aside the convictions and acquitted the appellants. The judgment emphasizes that the prosecution bears the burden of presenting unimpeachable evidence, and that police officials have a solemn duty to testify truthfully, failing which they may face legal consequences for perjury and fabricating evidence.

  Questions settled

  • Can a criminal conviction be sustained when the prosecution's ocular witnesses retract their statements and the forensic evidence is unreliable?
  • Does a failure in the chain of custody for forensic evidence create reasonable doubt sufficient to warrant an acquittal?
  • What are the legal consequences for police officials who provide false testimony or fabricate evidence during a criminal trial?
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• Muhammad Sharif Versus Muhammad Sadiq2019 PCrLJ 131 · Islamabad High Court · 2018-05-15
  Illegal Dispossession Actabatement of proceedingscriminal revisionrestoration of possessiondeath of accusedlegal heirsimmovable property
  Summary & questions settled

  This criminal revision challenged an acquittal order passed under the Illegal Dispossession Act, 2005, concerning a land dispute. The core legal question was whether criminal proceedings, specifically a revision against an acquittal, abate upon the death of the accused. The Court held that while Section 431, Code of Criminal Procedure 1898, generally dictates that criminal proceedings abate upon the death of an accused, this rule is not absolute regarding property disputes. The Court reasoned that where the cause of action concerns the restoration of illegally possessed immovable property, the right to sue survives against the legal heirs. Consequently, the proceedings do not abate to the extent of the disputed property. The principle laid down is that in cases involving illegal dispossession, the death of the accused does not preclude the continuation of proceedings against legal heirs for the specific purpose of restoring possession to the rightful owner, particularly when the heirs do not claim possession of the disputed land. The impugned acquittal was set aside, and restoration was ordered.

  Questions settled

  • Does a criminal revision against an acquittal abate upon the death of the accused?
  • Can proceedings under the Illegal Dispossession Act, 2005 continue against the legal heirs of a deceased accused?
  • Under what circumstances does the right to sue survive the death of an accused in criminal proceedings?
  • Can a trial court recall its own process after framing a charge in a criminal case?
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• Mst. Jamila Versus State2019 PCrLJ 1176 · Islamabad High Court · 2019-03-07
  narcotics controljuvenile justiceconfessional statementoath administrationbailcriminal trial procedureremandstatutory interpretation
  Summary & questions settled

  This jail appeal challenges a conviction under the Control of Narcotic Substances Act, 1997, where the appellant was sentenced to three years imprisonment. The core legal questions concern the legality of recording a confessional statement on oath and the trial court's failure to recognize the appellant's status as a juvenile. The High Court held that administering an oath to an accused in criminal proceedings violates the Oaths Act, 1873, rendering the confession inadmissible. Additionally, the trial court failed to determine the appellant's age, neglecting the mandatory protections under the Juvenile Justice System Ordinance, 2000. The Court emphasized that convictions cannot rest solely on confessions without examining prosecution evidence to satisfy the court's conscience. Consequently, the conviction was set aside, and the matter was remanded for a fresh trial. The Court established that trial courts must mandatorily determine an accused's age to identify juvenile status and that procedural illegalities, such as administering an oath to an accused, are not curable irregularities. The appellant was admitted to bail due to her status as a woman and a juvenile.

  Questions settled

  • Is it legally permissible for a trial court to record a confessional statement on oath in criminal proceedings?
  • Does the failure of a trial court to determine the age of an accused, when juvenility is claimed, constitute a fatal legal error?
  • Can a conviction be sustained solely on a confessional statement without the trial court examining prosecution evidence to satisfy its conscience?
  • Does the administration of an oath to an accused in a criminal case constitute a curable irregularity?
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• State Versus Maheen Zafar2018 PCrLJ 841 · Islamabad High Court · 2018-04-17
  child abusemaidservantchild crueltyFirst Information Reportcircumstantial evidencemedical evidencechild witnessres gestae
  Summary & questions settled

  This criminal judgment from the Islamabad High Court addresses charges against Mst. Maheen Zafar and Raja Khurram Ali Khan under various provisions of the Pakistan Penal Code 1860, including wrongful confinement, causing hurt, criminal intimidation, child cruelty, and screening an offender, arising from the alleged maltreatment and neglect of a minor maidservant, Mst. Tayyaba Bibi. The core legal questions involved the validity of an unsigned First Information Report, the evidentiary value of child and medical testimony, the application of res gestae, and the standard of proof required for circumstantial evidence in child abuse cases. The court held that procedural irregularities such as an unsigned FIR do not vitiate a trial, and while charges relating to bodily hurt, wrongful confinement, and criminal intimidation were not proven beyond reasonable doubt due to contradictions and lack of direct ocular testimony, the charge of willful neglect and maltreatment under Section 328-A was fully established by un-rebutted corroborative and circumstantial evidence. Consequently, the court acquitted the accused of the other charges but convicted them under Section 328-A, sentencing them to simple imprisonment and a fine. The key principle laid down is that persons having the care of a minor are criminally liable for willful neglect, abandonment, or maltreatment resulting in physical harm, and that procedural defects in lodging an FIR do not destroy the prosecution's case if the trial is otherwise fair and substantiated by evidence.

  Questions settled

  • Whether the absence of the informant's signature on the First Information Report vitiates the trial and renders the report inadmissible?
  • Can a conviction for causing hurt be sustained solely on medical and circumstantial evidence in the absence of direct ocular testimony?
  • What constitutes willful neglect or abandonment of a child under Section 328-A of the Pakistan Penal Code 1860?
  • Whether statements made by a child victim immediately after an incident are admissible as an exception to the hearsay rule under the doctrine of res gestae?
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• Dr. Aftab Ali Malik Versus Dr. Shahbaz Hanif2018 PCrLJ 807 · Islamabad High Court · 2017-11-03
  criminal appealacquittalbenefit of doubtmedical evidence contradictiontampered medical reportchance witnessesbelated statementburden of proof
  Summary & questions settled

  The appellant challenged the acquittal of respondent No. 1 by the Judicial Magistrate in a criminal case arising from FIR No. 424 registered under sections 337-F(i), 337-A(ii), and 506 of the Pakistan Penal Code 1860. The core legal questions involved the reliability of ocular and medical evidence, the credibility of belatedly introduced chance witnesses, and the effect of material contradictions and tampering in medical records. The Islamabad High Court held that the prosecution miserably failed to prove its case beyond a reasonable doubt, noting that the star eyewitnesses were planted and suffered from material contradictions, the medical evidence was tampered with and contradicted the ocular account, and the investigation was flawed and unauthorized. The court laid down the principle that the prosecution must stand on its own legs to prove the guilt of the accused beyond a shadow of doubt, and any weaknesses or alternative defences taken by the accused do not shift the burden of proof or relieve the prosecution of its primary duty.

  Questions settled

  • Whether the prosecution can rely on the weaknesses of the defence case to prove its charge against the accused?
  • Does a belated statement recorded under section 161 of the Code of Criminal Procedure 1898 possess any legal worth in criminal proceedings?
  • Can inconsistent pleas or alternative defences taken by an accused in cross-examination or under section 340(2) of the Code of Criminal Procedure 1898 be used to strengthen the prosecution's case?
  • What is the evidentiary value of eyewitness testimony when their presence at the crime spot is doubtful and contradictory?
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• Syed Hamid Saeed Kazmi Versus State2017 PCrLJ 854 · Islamabad High Court · 2017-03-20
  Hajj corruption casecriminal breach of trustmisuse of authorityadmissibility of documentsQanun-e-Shahadat Orderacquittalprevention of corruption
  Summary & questions settled

  This matter concerns criminal appeals filed by three appellants against their conviction for offenses under the Pakistan Penal Code 1860 and the Prevention of Corruption Act 1947, related to the hiring of buildings for Hajj 2010. The core legal question was whether the prosecution established the charges of criminal breach of trust, corruption, and misuse of official position, and whether the documentary evidence relied upon was legally admissible. The Islamabad High Court held that the prosecution failed to prove the charges beyond a reasonable doubt. The Court found the entire documentary evidence inadmissible, as it consisted of unverified photocopies and foreign documents without proper translation or authentication under the Qanun-e-Shahadat Order, 1984. Furthermore, the prosecution failed to establish mens rea or any nexus between the appellants and alleged kickbacks or illegal assets. The Court laid down the principle that conviction cannot rest on inadmissible evidence, and that the prosecution must strictly adhere to the rules of evidence regarding primary and secondary proof. Consequently, the appellants were acquitted.

  Questions settled

  • Can a conviction be sustained based on photocopies of documents that were not proved in accordance with the Qanun-e-Shahadat Order, 1984?
  • Is the mere violation of administrative policy guidelines sufficient to constitute criminal misconduct under the Prevention of Corruption Act 1947?
  • Does a failure to prove the mens rea and actus reus of an offense entitle an accused to an acquittal in a criminal trial?
  • Can secondary evidence be admitted in a criminal trial without satisfying the conditions laid down in Article 76 of the Qanun-e-Shahadat Order, 1984?
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• Muhammad Iqbal Versus State2017 PCrLJ 674 · Islamabad High Court · 2017-01-05
  post-arrest bailNational Accountability Bureauconsent decreemens reafraud and misrepresentationabuse of processplea bargaindocumentary evidence
  Summary & questions settled

  This petition sought post-arrest bail for the petitioner, who was accused in a National Accountability Bureau (NAB) reference of obtaining a consent decree through fraud and misrepresentation in collusion with government officials. The core legal question was whether the petitioner was entitled to bail given the absence of incriminating material and a prior Sindh High Court order, which had dismissed applications alleging fraud against him. The Court held that the petitioner was entitled to bail. It observed that the prosecution failed to produce evidence connecting the petitioner to the alleged offences under the National Accountability Bureau Ordinance, 1999, and that the case relied on presumptions rather than concrete proof of mens rea or conscious participation. The Court laid down the principle that bail should not be withheld as a punitive measure, particularly when the case depends on documentary evidence already in the prosecution's possession. Furthermore, it emphasized that discretionary arrest powers under the Ordinance must be exercised fairly, not to coerce plea bargains, and that incarceration without evidence constitutes an abuse of process.

  Questions settled

  • Whether post-arrest bail can be granted when the prosecution's case relies entirely on documentary evidence already in its possession?
  • Does the absence of mens rea or conscious participation in an alleged offence entitle an accused to bail in NAB proceedings?
  • Can the discretionary power to order an arrest under Section 24 of the National Accountability Bureau Ordinance, 1999, be exercised to coerce an accused into a plea bargain?
  • Is an accused entitled to bail when a prior judicial finding by a High Court has already negated allegations of fraud and misrepresentation regarding the same transaction?
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• Jehan Ali alias Jee Khan Versus State2017 PCrLJ 622 · Islamabad High Court · 2016-12-09
  criminal appealmurderidentification paradebenefit of the doubttainted evidencenon-production of witnesseslife imprisonment
  Summary & questions settled

  This criminal appeal challenges the judgment of the trial court convicting the appellant under Section 302(b) of the Pakistan Penal Code 1860 and sentencing him to life imprisonment for murder. The prosecution case rested on an un-named FIR, identification parade evidence, and ocular testimony. The core legal questions involved the legal validity and evidentiary value of an identification parade marred by irregularities, the non-production of crucial eye-witnesses, and whether tainted evidence could sustain a conviction. The Islamabad High Court held that the identification parade report suffered from grave illegalities, contradictions, and non-compliance with rules, rendering it valueless, and that failure to produce eye-witnesses and independent corroboration created insurmountable doubts in the prosecution case. The court established that identification during a parade is insignificant if fraught with material flaws, that a single circumstance creating reasonable doubt must be resolved in favor of the accused, and that one tainted piece of evidence cannot corroborate another. Consequently, the appeal was allowed and the conviction was set aside.

  Questions settled

  • What is the evidentiary value of an identification parade conducted with material irregularities and lack of compliance with rules?
  • Can a conviction be sustained when the prosecution fails to produce essential eye-witnesses for cross-examination during trial?
  • Does a single circumstance creating reasonable doubt in the prosecution's case entitle the accused to an acquittal as a matter of right?
  • Whether one tainted piece of evidence can be used to corroborate another tainted piece of evidence?
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• Kamran Saeed Versus Chairman National Accountability Bureau2017 PCrLJ 340 · Islamabad High Court · 2016-07-20
  pre-arrest bailNational Accountability Ordinancemisappropriationpublic officecorruptionofficial misconductnational exchequer
  Summary & questions settled

  This writ petition concerns a prayer for pre-arrest bail by the petitioner, a former General Manager at the National Fertilizer Marketing Limited (NFML), facing charges under the National Accountability Ordinance, 1999. The core legal question was whether the petitioner, who allegedly facilitated the misappropriation of Urea fertilizer by continuing to allocate quotas to a known defaulting contractor, was entitled to pre-arrest bail. The Court dismissed the petition, holding that the petitioner was prima facie connected to the commission of the offense. The Court determined that the petitioner, as a custodian of state assets, failed to perform his duties diligently, thereby causing significant loss to the national exchequer. The judgment establishes that public officers and custodians of state assets who, through negligence, connivance, or failure to act, facilitate corruption or fail to prevent loss to the state, are not entitled to the concession of pre-arrest bail. The Court emphasized that corruption undermines the rule of law and that courts must actively perform their duties to eliminate such practices, particularly regarding those in positions of authority.

  Questions settled

  • Is a public officer who fails to prevent loss to the national exchequer through negligence or connivance entitled to pre-arrest bail?
  • Does the continued allocation of government contracts to a known defaulting contractor constitute prima facie evidence of corruption under the National Accountability Ordinance, 1999?
  • Are public officers who facilitate corrupt practices through inaction or failure to perform statutory duties entitled to the concession of pre-arrest bail?
  Read full judgment →
• Muhammad Nawaz Versus SHO, Police Station, Sabzi Mandi, Islamabad2017 PCrLJ 133 · Islamabad High Court · 2016-07-28
  quashment of FIRcriminal breach of trustagreement to sellcivil disputeabuse of processearnest moneyspecific performance
  Summary & questions settled

  This is a writ petition filed under Article 199 of the Constitution of Pakistan 1973 read with Section 561-A of the Code of Criminal Procedure 1898 seeking the quashment of a criminal case registered under Section 406 of the Pakistan Penal Code 1860. The core legal question involves determining whether the breach of an agreement to sell and the non-return of earnest money constitute a criminal breach of trust under Section 406 of the Pakistan Penal Code 1860, or if the matter is purely civil in nature. The Islamabad High Court held that the payment of earnest money pursuant to an agreement to sell does not amount to an 'entrustment' of property, and a mere breach of a contract or agreement cannot be equated with criminal breach of trust. The court laid down the principle that civil disputes regarding property agreements must be resolved through civil forums under the Specific Relief Act 1877 and the Code of Civil Procedure 1908, and utilizing criminal prosecution to exert pressure in such matters constitutes an abuse of the process of law, warranting quashment of the FIR.

  Questions settled

  • Does the payment of earnest money pursuant to an agreement to sell constitute 'entrustment' of property under Section 406 of the Pakistan Penal Code 1860?
  • Can a breach of a term in an agreement to sell be prosecuted as a criminal breach of trust?
  • Whether the High Court can quash a criminal FIR under Section 561-A of the Code of Criminal Procedure 1898 when the underlying dispute is purely of a civil nature?
  • Does the prior institution of a civil suit for specific performance bar the subsequent registration of a criminal case based on the same property agreement?
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• Liaqat Ali Mir Versus Additional Sessions Judge2017 PCrLJ 1026 · Islamabad High Court · 2017-02-10
  Muslim Family Laws Ordinanceright of appealpolygamyCode of Criminal Procedurecriminal trialsessions court jurisdiction
  Summary & questions settled

  This petition challenges an order passed by the Additional Sessions Judge dismissing an appeal against a conviction under section 6(5) of the Muslim Family Laws Ordinance, 1961 on the ground of maintainability, as the Ordinance does not explicitly provide a right of appeal. The core legal question is whether an appeal or revision lies against a conviction and sentence handed down by a Magistrate under the Muslim Family Laws Ordinance, 1961 when the special law itself is silent on the procedure and remedy. The Islamabad High Court held that since the trial was conducted under the provisions and procedure of the Code of Criminal Procedure, 1898, the remedial provisions of the Code, including appeals and revisions, are fully attracted. The Court ruled that an aggrieved convict can maintain an appeal under sections 408 and 409 of the Code of Criminal Procedure, 1898, setting aside the appellate court's dismissal and remanding the matter for decision on merits.

  Questions settled

  • Whether an appeal lies against a conviction under section 6(5) of the Muslim Family Laws Ordinance, 1961 despite the absence of an explicit appeal provision in the Ordinance?
  • Does the Code of Criminal Procedure, 1898 regulate the trial and subsequent remedies for offences under special laws when the special statute is silent on procedure?
  • Is an Executive Magistrate trying an offence under the Muslim Family Laws Ordinance, 1961 subordinate to the Sessions Judge for the purposes of appeal and revision?
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• Fazal Hussain Versus State2016 PCrLJ 804 · Islamabad High Court · 2016-02-18
  interim custodyvehicle seizurepowers of policestolen propertycivil disputequashing of proceedings
  Summary & questions settled

  This criminal miscellaneous matter arises from an order passed by the Additional Sessions Judge Islamabad, which accepted a revision petition and granted interim custody of a disputed vehicle to respondent No. 2. The vehicle had been impounded by the police under Section 550 of the Code of Criminal Procedure 1898 from the possession of respondent No. 2. The petitioner, claiming to be the registered owner, alleged that the vehicle was sold on a dishonoured cheque and involved in forgery. The Islamabad High Court held that the vehicle was neither stolen nor involved in any offence, rendering its impoundment under Section 550 illegal, and that questions of title and sale disputes exclusively fall within the domain of the civil court. The Court ruled that police cannot intervene in private civil disputes or abuse their powers under Section 550, and consequently dismissed the petition while exercising powers under Section 561-A to quash the unlawful police proceedings.

  Questions settled

  • Can the police seize a vehicle under Section 550 of the Code of Criminal Procedure 1898 when it is the subject of a private civil or title dispute rather than stolen property?
  • Whether criminal proceedings can be initiated or utilized at the behest of a party to exert pressure or resolve a private civil dispute?
  • Does the question of title and compliance with sale agreement conditions fall exclusively within the domain of the civil court?
  • Can the High Court quash police proceedings initiated under Section 550 of the Code of Criminal Procedure 1898 when such proceedings violate mandatory statutory provisions?
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• Muhammad Faizan Riffat Ullah Khan Versus State2016 PCrLJ 638 · Islamabad High Court · 2015-12-10
  juvenile justicedetermination of ageossification testforged documentscriminal revisionmedical board opinion
  Summary & questions settled

  This criminal revision petition challenges an order of the Additional Sessions Judge, Islamabad-West, which dismissed the petitioner's application to be declared a juvenile under the Juvenile Justice System Ordinance, 2000. The core legal question concerns the determination of the petitioner's age in light of conflicting documentary evidence and a medical board's ossification test. The petitioner relied on various testimonials and birth certificates, while the prosecution highlighted discrepancies, including the production of a forged school admission form and inconsistencies regarding the petitioner's place and date of birth in official records. The court held that the petitioner failed to establish minority, noting that the documentary evidence was unreliable and maneuvered. It affirmed that where documentary evidence is contradictory or forged, the medical board's opinion, based on an ossification test, constitutes authenticated evidence for determining age. The court concluded that the trial court correctly relied on the medical board's findings, which estimated the petitioner's age as an adult, and dismissed the petition, establishing that medical opinion prevails when documentary proof of age is either absent, inconsistent, or fabricated.

  Questions settled

  • Does an ossification test prevail over birth certificates and school leaving certificates when the latter are found to be inconsistent or unreliable?
  • Can a court rely on a medical board's opinion to determine age when the accused fails to produce credible educational or birth records?
  • What is the effect of producing forged documents on a claim of minority status under the Juvenile Justice System Ordinance 2000?
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• Zulfiqar Ali Raja Versus Raja Gul Zaman2016 PCrLJ 502 · Islamabad High Court · 2015-12-01
  blasphemySection 295-C PPCSection 295-A PPCgovernment sanctionSection 196 CrPCSection 190(3) CrPCaddition of chargerevision jurisdiction
  Summary & questions settled

  This criminal petition under Section 561-A of the Code of Criminal Procedure 1898 was filed by the complainant against an order of the Revisional Court excluding Section 295-C of the Pakistan Penal Code 1860 from the FIR and declining to refer the case to the Court of Session. The core legal questions addressed were whether Section 295-C of the Pakistan Penal Code 1860 was made out on the face of the complaint, whether a Magistrate can add an offence under Section 190(3) of the Code of Criminal Procedure 1898 without evaluating police investigation reports and material on record, and whether prosecution under Section 295-A of the Pakistan Penal Code 1860 requires prior government sanction under Section 196 of the Code of Criminal Procedure 1898. The Islamabad High Court dismissed the petition, upholding the Revisional Court's order excluding Section 295-C, holding that a Magistrate cannot mechanically add severe offences without citing supporting evidence, and further omitting Section 295-A due to lack of mandatory government sanction.

  Questions settled

  • Is prior sanction from the government under Section 196 of the Code of Criminal Procedure 1898 mandatory for the registration and trial of an FIR involving Section 295-A of the Pakistan Penal Code 1860?
  • Can a Judicial Magistrate mechanically add a grave offence under Section 190(3) of the Code of Criminal Procedure 1898 without specifying evidence or addressing police findings?
  • Whether Section 295-C of the Pakistan Penal Code 1860 can be inserted in an FIR where the complaint contains no specific allegations or circumstances entailing blasphemy against the Holy Prophet?
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• Asif Nawaz Khokhar Versus State2016 PCrLJ 40 · Islamabad High Court · 2015-09-23
  post-arrest bailarms ordinancebailable offenseillegal weaponsarms dealershipcriminal procedurestatutory interpretation
  Summary & questions settled

  Through this petition, the petitioner sought post-arrest bail in connection with FIR No. 354 registered at Police Station Koral, Islamabad, under sections 13/20 of the Arms Ordinance and sections 420, 468, 471, and 188 of the Pakistan Penal Code 1860, following the recovery of weapons from an arms dealership shop operated by him using his deceased father's license. The core legal question was whether the offense under section 13 of the Arms Ordinance is bailable and whether the petitioner was entitled to post-arrest bail. The Islamabad High Court held that section 13 of the West Pakistan Arms Ordinance 1965 is bailable as per the Second Schedule of the Code of Criminal Procedure 1898, and that the enhancements brought by temporary ordinances did not alter its bailable status. Consequently, the petition was allowed, and the petitioner was granted post-arrest bail subject to furnishing surety bonds.

  Questions settled

  • Whether section 13 of the West Pakistan Arms Ordinance 1965 is a bailable or non-bailable offense?
  • Does the pendency of a transfer application for an arms dealership license constitute the offenses of cheating or forgery under the Pakistan Penal Code 1860?
  • Whether the petitioner is entitled to post-arrest bail when the primary offense involved is bailable under the Second Schedule of the Code of Criminal Procedure 1898?
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• Sultan Mahmood Versus Mansoor Shamsi2015 PCrLJ 90 · Islamabad High Court · 2014-10-17
  cancellation of bailpost-arrest bailmisuse of bailabsconsionjudicial discretiondishonoured cheque
  Summary & questions settled

  This petition sought the cancellation of post-arrest bail previously granted to the respondent in a case involving dishonoured cheques and fraud. The petitioner argued that the respondent had a history of absconsion and had previously misused the concession of bail, necessitating its cancellation. The core legal question was whether the respondent's past conduct or potential for absconsion constituted sufficient grounds to revoke the bail order. The Court held that the cancellation of bail requires strong and exceptional grounds, distinct from the considerations for granting bail. It found that the petitioner failed to demonstrate that the respondent had violated any bail conditions or misused the concession since the impugned order was passed. The Court emphasized that absconsion alone is not a sufficient ground to automatically cancel bail, especially when the initial grant of bail was based on a valid exercise of judicial discretion under the relevant statutory provisions. Consequently, the petition was dismissed, reaffirming that bail should not be cancelled absent proof of misuse or patent illegality in the original order.

  Questions settled

  • Is the absconsion of an accused, by itself, a sufficient ground for the cancellation of bail?
  • What are the essential considerations for a court when deciding a petition for the cancellation of bail?
  • Can bail be cancelled if the petitioner fails to show that the accused violated the conditions of the bail bond after its grant?
  • Does the fact that there could be a different opinion on the tentative assessment of evidence justify the cancellation of bail?
  Read full judgment →
• Muhammad Abid Farooq Versus State2015 PCrLJ 224 · Islamabad High Court · 2014-09-09
  post-arrest bailnon-prohibitory clausefurther inquiryfair trialpresumption of innocencehabitual offendercriminal breach of trust
  Summary & questions settled

  This matter concerns a post-arrest bail application in a criminal case registered under Section 406 of the Pakistan Penal Code 1860. The core legal question is whether the petitioner is entitled to bail, given that the underlying dispute appears civil in nature, the offence falls within the non-prohibitory clause of Section 497 of the Code of Criminal Procedure 1898, and the prosecution opposes bail on the grounds of the petitioner's prior conviction and other pending cases. The Court held that the petitioner is entitled to bail, determining that the case constitutes one of further inquiry. The Court established that the mere registration of multiple cases or a prior conviction in an unrelated matter does not automatically disentitle an accused to bail, as such a rule would violate the fundamental right to a fair trial and the presumption of innocence. Each bail application must be decided on its own facts, and the Court must remain free from bias, ensuring that the right to defense and due process under Article 10-A of the Constitution of Pakistan 1973 is upheld.

  Questions settled

  • Does the mere registration of multiple criminal cases against an accused automatically disentitle them to the concession of bail?
  • Can a prior conviction in an unrelated case be the sole factor for denying bail in a subsequent case?
  • Does a dispute arising from a loan transaction and breach of commitment inherently constitute a criminal offence under Section 406 of the Pakistan Penal Code 1860?
  • Is the presumption of innocence and the right to a fair trial under Article 10-A of the Constitution of Pakistan 1973 compromised if a court is influenced by an accused's history of other pending cases?
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• Muhammad Irfan Versus State2015 PCrLJ 129 · Islamabad High Court · 2014-08-12
  post-arrest baildishonest issuance of chequenon-prohibitory clausecriminal liabilitycivil recoverySection 489-F PPC
  Summary & questions settled

  This matter concerns a petition for post-arrest bail in a criminal case involving the alleged dishonest issuance of a cheque under Section 489-F of the Pakistan Penal Code 1860. The core legal question was whether the petitioner was entitled to bail for an offense falling within the non-prohibitory clause of Section 497 of the Code of Criminal Procedure 1898, particularly when a large financial amount was involved and another criminal case was pending against the accused. The High Court granted bail, holding that the offense fell within the non-prohibitory clause, where bail is the rule and refusal is the exception. The court found no evidence of the exceptional circumstances—such as potential abscondance, evidence tampering, or prior convictions—that would justify denying bail. The court affirmed that Section 489-F of the Pakistan Penal Code 1860 is intended to determine criminal guilt rather than act as a mechanism for civil recovery, and that the quantum of the amount involved does not constitute a valid ground to deny bail in non-prohibitory offenses.

  Questions settled

  • Does an offense under Section 489-F of the Pakistan Penal Code 1860 fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898?
  • Is the amount involved in a dishonored cheque case a valid ground for refusing post-arrest bail?
  • Can Section 489-F of the Pakistan Penal Code 1860 be utilized as a mechanism for the recovery of money?
  • What are the exceptional circumstances under which bail may be refused for offenses falling within the non-prohibitory clause of Section 497 of the Code of Criminal Procedure 1898?
  Read full judgment →
• Tariq Mabood Versus State2012 PCrLJ 833 · Islamabad High Court · 2012-02-16
  narcotics possessionheroin recoverychemical examiner reportsample quantityreasonable doubtcriminal appealconviction
  Summary & questions settled

  This criminal appeal challenges a conviction under the Control of Narcotic Substances Act, 1997, where the appellant was sentenced to nine years imprisonment for the possession of 5 kilograms of heroin. The core legal question was whether the separation of only one gram of sample from each of the five packets for chemical analysis constituted a violation of the Control of Narcotic Substances (Government Analysts) Rules, 2001, thereby creating reasonable doubt regarding the prosecution's case. The Islamabad High Court dismissed the appeal, holding that the chemical examiner did not object to the sample quantity and the report confirmed the substance as heroin. The court ruled that the appellant failed to challenge the nature of the substance or call the chemical examiner for cross-examination under the relevant statutory provisions. The court established the principle that in cases involving substantial quantities of narcotics, hyper-technical arguments regarding sample size cannot be used to extend the benefit of doubt to an accused, particularly when the chemical analysis report is conclusive and the recovery is undisputed.

  Questions settled

  • Does the separation of a small sample quantity for chemical analysis from a larger bulk of narcotics automatically invalidate the prosecution's case?
  • Is a chemical examiner's report conclusive proof under the Control of Narcotic Substances Act 1997 if the accused fails to challenge the examiner?
  • Can an accused rely on hyper-technical objections regarding sample size to secure acquittal when the recovery of a large quantity of narcotics is otherwise established?
  Read full judgment →
• Muhammad Yaqoob Versus Allah Rakha2012 PCrLJ 1942 · Islamabad High Court · 2012-05-23
  acquittal appealcircumstantial evidencebenefit of doubthanging versus strangulationmedical evidencemotivestatement of accused
  Summary & questions settled

  This criminal appeal was preferred against the judgment of the Additional Sessions Judge, Islamabad, whereby the respondents/accused were acquitted of the charge under section 302/34 of the Pakistan Penal Code 1860 in respect of the alleged murder of the appellant's daughter, Mst. Sidra. The core legal question was whether the prosecution had established its case on the basis of circumstantial evidence, medical testimony, motive, and statements of the accused beyond a shadow of doubt. The Islamabad High Court held that the prosecution failed to produce tangible and confidence-inspiring evidence to prove the charge of murder by strangulation, particularly as the initial F.I.R. described the cause of death as hanging, which was further supported by medical evidence, handwriting expert reports, and the absence of the co-accused from the scene. The court laid down the principle that unproven or uncorroborated circumstantial evidence cannot form the basis for recording a conviction, and the jurisprudential rule of giving the benefit of the doubt must be strictly applied in such cases. The appeal was accordingly dismissed, maintaining the acquittal.

  Questions settled

  • Can uncorroborated circumstantial evidence form the sole basis for recording a conviction in a murder trial?
  • Whether a subsequent change in the prosecution's stance regarding the cause of death from hanging to strangulation can be legally taken into account?
  • Does the fracture of the cervical vertebra constitute an essential prerequisite for establishing death by hanging?
  • What is the evidentiary value of an accused's statement under Section 342 of the Code of Criminal Procedure 1898 when evaluating circumstantial evidence?
  Read full judgment →
• Imran Versus State2011 PCrLJ 865 · Islamabad High Court · 2011-01-27
  criminal appealdefamationnon-cognizable offenceprocedural irregularityacquittalF.I.R. registrationsufficiency of evidence
  Summary & questions settled

  This criminal appeal challenges the conviction of the appellant under sections 293 and 500 of the Pakistan Penal Code 1860, for allegedly creating and distributing obscene photographs of the complainant's daughter. The core legal questions were whether the trial court could take cognizance of the offence under section 500, P.P.C. without a formal complaint as required by law, and whether the prosecution sufficiently proved the charges. The Court held that the conviction was unsustainable due to procedural and evidentiary failures. Specifically, the Court ruled that section 500, P.P.C. falls under Chapter XXI of the Pakistan Penal Code 1860, necessitating a complaint by an aggrieved person under section 198, Code of Criminal Procedure 1898, rather than direct police registration of an F.I.R. Furthermore, the Court found the prosecution's evidence insufficient, noting the lack of independent witnesses, contradictions regarding the recovery of photographs, and the absence of proof regarding the creation or distribution of the images. Consequently, the appeal was accepted, and the appellant was acquitted.

  Questions settled

  • Can the police register an F.I.R. for an offence under section 500 of the Pakistan Penal Code 1860 without the prior order of a Magistrate?
  • Is a complaint by an aggrieved person mandatory for the court to take cognizance of an offence falling under Chapter XXI of the Pakistan Penal Code 1860?
  • Does the failure to follow the procedure under section 198 of the Code of Criminal Procedure 1898 constitute an incurable defect in a criminal trial?
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• Mushtaq Armed Versus Syed Faisal Mahmood Shah2009 PCrLJ 1130 · Islamabad High Court · 2009-05-27
  bail cancellationpost-arrest bailabetmentcriminal conspiracyfurther inquirysupplementary statement
  Summary & questions settled

  This petition was filed by the complainant seeking the cancellation of post-arrest bail granted to the respondent in a murder case registered under sections 302, 109, 34, and 201 of the Pakistan Penal Code 1860. The core legal question was whether the bail order passed by the Additional Sessions Judge was perverse, capricious, or illegal, warranting interference by the High Court. The petitioner argued that the respondent was involved in a conspiracy, evidenced by mobile phone records and a supplementary statement. The Court held that the bail order was based on sound reasoning and that the respondent's involvement required further inquiry, as he was not named in the initial FIR and the alleged conspiracy was not established by mere telephone contact. The Court affirmed that for bail cancellation, the original order must be shown to be absurd, fanciful, or illegal, and that allegations of witness tampering should be addressed by the trial court. Consequently, the petition for bail cancellation was dismissed, maintaining the tentative nature of the findings.

  Questions settled

  • What is the standard for cancelling a post-arrest bail order already granted by a lower court?
  • Does the mere existence of telephonic contact between accused persons ipso facto establish a criminal conspiracy?
  • Can a supplementary statement implicating an accused who was not named in the FIR justify the cancellation of bail?
  • Should allegations of witness tampering or destruction of evidence be agitated before the High Court in a bail cancellation petition?
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• State Versus Mustafa Iqbal2025 MLD 1991 · Islamabad High Court · 2025-06-26
  Ex-Officio Justice of Peacetransfer of investigationnomination of investigating officerpolice hierarchyadministrative domainquasi-judicial jurisdictionfair investigationconstitutional petition
  Summary & questions settled

  This constitutional petition was filed by the State through the Advocate General, Islamabad, challenging orders dated 08.03.2025 and 21.05.2025 passed by the Additional Sessions Judge-IX, Islamabad (West)/Ex-Officio Justice of Peace. The Justice of Peace had directed the SSP (Operations) to transfer and entrust the investigation of FIR No. 101/2025 specifically to a nominated police officer by name (ASP/SDPO Ali Raza Qureshi). The core legal issue was whether an Ex-Officio Justice of Peace acting under Section 22-A(6)(ii) of the Code of Criminal Procedure 1898 possesses lawful authority to direct the entrustment of an investigation to a specific named police officer. The Islamabad High Court held that while a Justice of Peace may direct the transfer of investigation generally, the statute does not confer power to nominate a particular investigating officer. The authority to assign specific officers vests exclusively within the administrative domain and hierarchy of the police. Consequently, the High Court allowed the petition and set aside the impugned orders to the extent of naming a specific officer.

  Questions settled

  • Does an Ex-Officio Justice of Peace have the jurisdiction under Section 22-A(6) of the Code of Criminal Procedure 1898 to nominate a specific police officer by name to conduct an investigation?
  • Does the power to assign or re-assign a criminal investigation to a particular police officer vest exclusively within the administrative discretion of the police hierarchy?
  • Can a directive specifying a named investigating officer issued under Section 22-A of the Code of Criminal Procedure 1898 be sustained if the officer is subsequently transferred?
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• Naveed Ahmed Versus State2025 MLD 1347 · Islamabad High Court · 2025-04-14
  narcotics possessionheroin recoverychemical analysis samplepolice witnessesdirectory rulesprevious convictioncriminal appeal
  Summary & questions settled

  This criminal appeal challenges the judgment of the trial court convicting the appellant under Section 9(1)(6)(c) of the Control of Narcotic Substances Act, 1997 for the possession of 1455 grams of heroin and sentencing him to ten years rigorous imprisonment. The core legal questions addressed whether the recovery of narcotics was duly proved by official witnesses without independent corroboration, whether a one-gram sample was sufficient for chemical analysis, and whether the delayed transmission of the sample to the forensic laboratory vitiated the trial. The court held that the testimonies of police officials are as credible as private witnesses, that there is no rigid yardstick for sample size provided the laboratory can analyze it, and that procedural rules regarding dispatch timelines are directory rather than mandatory. The Islamabad High Court dismissed the appeals and maintained the conviction, laying down principles regarding the evidentiary value of official witnesses in narcotics cases and the directory nature of sample dispatch timelines.

  Questions settled

  • Whether the testimony of police officials alone is sufficient to prove the recovery of narcotics without independent corroboration?
  • Is there a fixed statutory requirement or yardstick for the minimum quantity of narcotics to be separated as a representative sample for chemical analysis?
  • Does the failure to dispatch a narcotic sample to the forensic laboratory within seventy-two hours render the search and seizure a nullity?
  • Whether the provisions prescribing timelines for sending samples to the forensic laboratory are mandatory or directory in nature?
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• Saeed Zahir Zada Versus Federation of Pakistan through Secretary Ministry of Interior2025 MLD 1315 · Islamabad High Court · 2025-04-08Read full judgment →
• Ajmal Shah Versus State2025 MLD 1127 · Islamabad High Court · 2025-03-04
  narcotics controlexhibition of case propertyconscious knowledgefair trialsentencing discretioncriminal appealchain of custody
  Summary & questions settled

  This criminal appeal challenges a conviction under section 9(c) of the Control of Narcotic Substances Act, 1997, for the possession of 12 kilograms of charas. The core legal questions concern whether the prosecution proved the charge beyond reasonable doubt, specifically regarding the proper exhibition of case property and the establishment of the appellant's conscious knowledge of the contraband. The Court upheld the conviction, finding the ocular testimony consistent and the chemical examiner's reports conclusive. However, the Court reduced the sentence of life imprisonment to the period already undergone, citing the harshness of the sentence relative to the evidence and the principle that stricter standards of proof apply to harsher sentences. The judgment clarifies that "exhibiting" evidence requires the trial court to physically de-seal and display case property to the court and the accused, rather than relying on presumptions. It emphasizes that in narcotics cases, the prosecution must investigate vehicle ownership to establish conscious knowledge of concealed contraband, and reaffirms that the right to a fair trial under Article 10A of the Constitution mandates strict adherence to procedural safeguards.

  Questions settled

  • Does the failure to de-seal and physically exhibit case property in open court vitiate a conviction under the Control of Narcotic Substances Act, 1997?
  • Is the investigation of vehicle ownership a mandatory requirement to establish conscious knowledge of contraband concealed within a vehicle?
  • Can an appellate court reduce a sentence of life imprisonment to the period already undergone if the sentence is deemed harsh relative to the evidence?
  • Does the definition of 'exhibit' in criminal proceedings require the physical production and display of evidence to the court and the accused?
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• Mustajab Versus State2025 MLD 1107 · Islamabad High Court · 2025-02-11
  narcotic substanceschain of custodycriminal appealreasonable doubtforensic evidenceinvestigating officeracquittal
  Summary & questions settled

  This criminal appeal challenges the conviction of the appellant under Section 9(2) of the Control of Narcotic Substances Act, 1997, for the possession of 'Ecstasy Pills'. The core legal questions concern whether the prosecution proved its case beyond reasonable doubt, specifically regarding the integrity of the chain of custody, the reliability of the recovery evidence, and the propriety of the complainant acting as the investigating officer. The Court held that the prosecution failed to establish its case due to significant evidentiary gaps, including a missing chain of custody for the narcotics between the date of dispatch and receipt at the forensic laboratory, material contradictions between the quantity of pills allegedly recovered and the quantity reported by the forensic examiner, and the failure of the prosecution to prove the appellant's lawful possession of the premises where the recovery occurred. The Court reaffirmed the principle that any reasonable doubt arising from dubious evidence must benefit the accused, leading to the acquittal of the appellant.

  Questions settled

  • Does the fact that the complainant and the investigating officer are the same person create a risk of bias sufficient to undermine the prosecution's case?
  • Is a discrepancy between the quantity of narcotics allegedly recovered and the quantity reported by the forensic laboratory a ground for acquittal?
  • Can a conviction be sustained when the prosecution fails to prove the chain of custody of the recovered narcotics?
  • Does the failure to prove the accused's lawful possession of the premises where the recovery occurred invalidate the recovery evidence?
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• Dr. Shireen M. Mazari Versus Federation of Pakistan through Secretary Interior, Ministry of Interior, Islamabad2024 MLD 1020 · Islamabad High Court · 2023-12-01Read full judgment →
• Liaqat Ali Khan Versus Federal Board of Intermediate and Secondary Education2023 MLD 880 · Islamabad High Court · 2023-01-14Read full judgment →
• Hamad Versus State2023 MLD 2082 · Islamabad High Court · 2023-05-31
  post-arrest bailchild sexual abusefurther inquiryprotection ordersAnti-Rape Act
  Summary & questions settled

  This is a criminal miscellaneous petition filed by the petitioner seeking post-arrest bail in a case registered under sections 377-B and 506(ii) of the Pakistan Penal Code for the alleged sexual abuse of a minor. The core legal question involves determining whether the petitioner is entitled to post-arrest bail under the rule of further inquiry when the allegation involves an attempt or acts such as kissing, and whether protection orders can be annexed to bail in child abuse cases. The Islamabad High Court held that the case warranted further inquiry under section 497(2) of the Code of Criminal Procedure, as the evidence and medical status required trial evaluation, thereby granting post-arrest bail to the petitioner. The court established the key principle that while granting bail in child sexual abuse cases, courts can invoke protective measures and restraining orders inspired by international best practices and the Anti-Rape (Investigation and Trial) Act, 2021, to ensure the safety of the victim and the community.

  Questions settled

  • Does an allegation of sexual abuse involving acts short of full penetration present a case of further inquiry under section 497(2) of the Code of Criminal Procedure 1898?
  • Can a court attach protective conditions and restraining orders relating to child sexual abuse when granting post-arrest bail?
  • Whether compromise by the complainant in non-compoundable offences of sexual abuse forms a valid sole ground for the grant of bail?
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• Professor Dr. Muhammad Naeem Khan Versus Federation of Pakistan through Secretary, Ministry of Kashmir Affairs and Gilgit-Baltistan2023 MLD 1273 · Islamabad High Court · 2023-02-28Read full judgment →
• Hamid Khan Versus State2022 MLD 31 · Islamabad High Court · 2021-10-13Read full judgment →
• Bashir Ahmed Versus Syed Anees Ahmed2022 MLD 296 · Islamabad High Court · 2021-08-04Read full judgment →
• Muhammad Afzal Khan Jadoon Versus Wahid Mehmood2022 MLD 2003 · Islamabad High Court · 2022-02-17Read full judgment →
• Muhammad Safdar Khan Versus Muhammad Nadeem Abbasi2021 MLD 617 · Islamabad High Court · 2021-01-27
  specific performanceagreement to sellequitable reliefreadiness and willingnessdiscretionary jurisdictioncancellation of agreementbalance sale consideration
  Summary & questions settled

  These Regular First Appeals arose from a consolidated judgment of the Civil Judge, Islamabad-West, which decreed a suit for specific performance of an agreement to sell filed by respondent No.1 and dismissed a counter-suit for cancellation of the agreement filed by the appellant. The core legal questions involved the readiness and willingness of the plaintiff, the bona fides of the parties, and the proper exercise of judicial discretion in granting specific performance under the Specific Relief Act, 1877. The Islamabad High Court held that the respondent No.1 successfully established his readiness and intention to perform his part of the contract by making substantial advance payments, promptly instituting the suit upon the vendor's refusal, and depositing the balance sale consideration within the time granted by the trial court. The appellate court ruled that the trial court's exercise of discretion was neither arbitrary nor perverse. The key principles laid down are that specific performance is an equitable and discretionary remedy which must be exercised based on sound judicial principles, and an appellate court will not interfere with a well-reasoned trial court judgment unless it is perverse or contrary to the evidence on record.

  Questions settled

  • Whether specific performance can be granted when the plaintiff deposits the balance sale consideration within the time allowed by the trial court?
  • Does an appellate court interfere with the discretionary relief of specific performance granted by a trial court if the decision is based on proper appreciation of evidence?
  • Is a suit for cancellation of an agreement filed long after the institution of a suit for specific performance considered an afterthought?
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• Bushra Zia Versus Mansoor Nawab2021 MLD 1669 · Islamabad High Court · 2021-08-02Read full judgment →
• Reema Shamim Versus Pakistan Medical Commission Fatima Tu Zara Butt , Taimoor Aslam2021 MLD 1117 · Islamabad High Court · 2021-01-12Read full judgment →
• Sheikh Muhammad Idrees Versus Ghazanfar Ali2021 MLD 1031 · Islamabad High Court · 2021-02-17Read full judgment →
• Muhammad Iqbal Versus Syed Muhammad Tahir Zahoor2020 MLD 522 · Islamabad High Court · 2019-10-31Read full judgment →
• Gemalto Middle East FZ-LLC Versus Federation of Pakistan2020 MLD 379 · Islamabad High Court · 2019-10-16Read full judgment →
• State Versus Zafran Mehmood Satti2020 MLD 1834 · Islamabad High Court · 2020-05-19
  appeal against acquittalunlicensed weaponbenefit of doubtrecovery witnessballistic expert reportdouble presumption of innocenceArms Ordinance
  Summary & questions settled

  This criminal appeal was filed by the State under Section 417(2) of the Code of Criminal Procedure 1898 to challenge the acquittal of the respondent by the Judicial Magistrate, Islamabad-East, in a case concerning the alleged recovery of an unlicensed pistol under the Arms Ordinance, 1965. The core legal questions revolved around whether the prosecution proved its case beyond reasonable doubt, the legal effect of failing to associate independent public witnesses under Section 103 of the Code of Criminal Procedure 1898, the requirement of sealing recovered weapons at the spot, and the necessity of obtaining a ballistic expert's report to prove a weapon functional. The Islamabad High Court held that the trial Court's judgment of acquittal was well-reasoned and free from perversity, noting that failure to seal the weapon at the spot, lack of independent corroboration, and absence of forensic analysis created multiple reasonable doubts. The Court affirmed that an order of acquittal carries a double presumption of innocence and dismissed the appeal, laying down that a single circumstance creating a reasonable doubt entitles the accused to the benefit of doubt as a matter of right.

  Questions settled

  • Whether an appellate court can interfere with an order of acquittal that is based on sound reasoning and supported by material on record?
  • Does the failure of the police to seal a recovered weapon at the spot and obtain a ballistic expert's report render the prosecution case doubtful?
  • Is the association of independent public witnesses mandatory during a recovery from a public place under Section 103 of the Code of Criminal Procedure 1898?
  • What is the extent of proof required to grant an accused the benefit of doubt in a criminal trial?
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• Abdul Khaliq Versus Muhammad Younas2019 MLD 824 · Islamabad High Court · 2018-12-14Read full judgment →
• Shuja Ahmed Versus Additional District Judge (West), Islamabad2019 MLD 590 · Islamabad High Court · 2018-10-26Read full judgment →
• Pak Gulf Construction Private Limited Versus Abdul Hamid Baig2019 MLD 1178 · Islamabad High Court · 2019-01-15Read full judgment →
• Zia Ullah Shah Versus Muhammad Khaqan2018 MLD 1869 · Islamabad High Court · 2018-05-31Read full judgment →
• Khalid Pervez Bhatti Versus Mst. Madiha Rafiq2017 MLD 323 · Islamabad High Court · 2016-11-01Read full judgment →
• Waseem Haroon Versus State2017 MLD 1737 · Islamabad High Court · 2017-06-14
  criminal appealdacoityrobberyidentification paradedefective chargefake recoveryacquittal
  Summary & questions settled

  The appellants challenged their conviction and sentence under sections 395 and 412 of the Pakistan Penal Code 1860 arising from a bank robbery FIR. The core legal questions involved the validity of a conviction rendered without a proper charge being framed, the admissibility and evidentiary value of defective identification parades, and the reliability of questionable recovery proceedings. The Islamabad High Court held that the prosecution miserably failed to establish its case due to the complete absence of a formal charge for the tried offences, failure of eye-witnesses to identify the accused in court, abandonment of identification parade witnesses, inadmissible secondary evidence of identification reports, and fake and planted recoveries. Consequently, the appellate court set aside the conviction and sentence, acquitting all the appellants.

  Questions settled

  • Does the failure to frame a specific and distinct charge under the Pakistan Penal Code vitiate a conviction?
  • Can a conviction be sustained when eye-witnesses fail to identify the accused during the trial?
  • What is the evidentiary value of an identification parade report produced only as an unexhibited photocopy?
  • Are recoveries deemed planted when multiple recoveries are effected on different dates from the same searched premises?
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• Raja Muhammad Rizwan Versus State2017 MLD 1522 · Islamabad High Court · 2017-05-12
  post-arrest bailmedical groundsHepatitis-Bcriminal breach of trustjail hospital treatmentstatutory delay
  Summary & questions settled

  This criminal miscellaneous petition was filed seeking post-arrest bail on medical grounds by the petitioner, who was accused in a case registered under sections 420, 468, 471, 470, 408, and 467/34 of the Pakistan Penal Code 1860 for criminal breach of trust and fraud involving a substantial financial loss while acting as the caretaker of the complainant's business. The core legal question was whether an under-trial prisoner suffering from Hepatitis-B is entitled to post-arrest bail on medical grounds when specialized treatment is allegedly unavailable in jail. The Islamabad High Court dismissed the bail petition, holding that the petitioner's condition was not shown to be hazardous or rapidly deteriorating, and that Hepatitis-B is not a casually contagious disease that warrants bail merely upon diagnosis when routine medical management and monitoring can be facilitated. The key principle laid down is that the mere existence of an ailment such as Hepatitis-B, without proof that it is life-threatening, rapidly deteriorating, or untreatable within the prison healthcare system, does not automatically justify the concession of bail.

  Questions settled

  • Whether an under-trial prisoner suffering from Hepatitis-B is entitled to post-arrest bail on medical grounds when treatment is claimed to be unavailable in jail?
  • Does the mere diagnosis of Hepatitis-B without evidence of rapid deterioration or hazardous contagion justify the grant of bail?
  • What directions may be issued to jail authorities regarding the specialized medical treatment of an under-trial prisoner while dismissing a bail plea?
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• Mst. Parveen Akhtar Versus Subash Chandar2016 MLD 1596 · Islamabad High Court · 2016-05-30Read full judgment →
• National Highway Authority Versus Sher Zaman2015 MLD 913 · Islamabad High Court · 2015-03-03Read full judgment →
• Fazal-E-Qadir Versus Muhammad Azam2015 MLD 899 · Islamabad High Court · 2015-02-04Read full judgment →
• Hamida Farhat Burki Versus Capital Development Authority2015 MLD 845 · Islamabad High Court · 2015-02-18Read full judgment →
• Ghulam Rabbani Versus Nazir Ahmed2015 MLD 637 · Islamabad High Court · 2015-01-09Read full judgment →
• Atta Ullah Shah Versus Adj, Islamabad2015 MLD 484 · Islamabad High Court · 2014-12-11Read full judgment →
• Roman Catholic Diocese of Islamabad/Rawalpindi Versus Federation through Secretary Ministry of Interior, Islamabad2015 MLD 1714 · Islamabad High Court · 2015-06-24Read full judgment →
• Jameela Pirzada Versus Muhammad Ali Sheikh2013 MLD 877 · Islamabad High Court · 2012-10-18Read full judgment →
• Mst. Shakeela Bibi Versus Muhammad Israr2012 MLD 756 · Islamabad High Court · 2011-12-26Read full judgment →
• Shahid Mehmood Versus Mst. Naureen Ijaz2012 MLD 1594 · Islamabad High Court · 2012-06-25Read full judgment →
• Ibrar Hussain Versus Additional Deputy Commissioner (General) Islamabad2025 CLC 2020 · Islamabad High Court · 2025-03-19Read full judgment →
• Indus Motor Company Limited Versus Federation of Pakistan through Secretary Ministry of Industries and Production2025 CLC 1951 · Islamabad High Court · 2025-08-21Read full judgment →