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. 46,805 judgments in total from the Sindh High Court.

• Naseem Ahmed Malik and others vs Saeed Iqbal and others2020 SHC 1388, 2022 MLD 1328 · Sindh High Court · 2020-11-17Read full judgment →
• Naryana Kevalram Shahani through L.R vs Shyam Prem Shahani and 42021 CLC 1236 · Sindh High Court · 2020-08-19Read full judgment →
• Nandomal and others vs The P.O. of Sindh and others2021 SHC 760, 2022 YLR 1017 · Sindh High Court · 2021-10-01Read full judgment →
• Nakeef Nindwani vs The State2021 SHC 1144 · Sindh High Court · 2021-04-09
  criminal appealillegal weaponsSindh Arms Actforensic science laboratory reportsafe custody of weaponcopy and paste evidencebenefit of doubtacquittal
  Summary & questions settled

  This criminal appeal challenges the judgment of the trial court convicting the appellant under Section 25 of the Sindh Arms Act, 2013, and sentencing him to five years rigorous imprisonment. The core legal question revolves around whether the prosecution successfully established the recovery of the weapon and the safe custody and transmission of the crime weapon to the Forensic Science Laboratory, given that the appellant was already acquitted in the connected main case arising from the same incident. The Sindh High Court held that the recovery of the weapon was doubtful, the prosecution failed to prove safe custody and transmission of the weapon, and the trial court committed grave illegality by copying and pasting evidence from the main case into the offshoot trial. Consequently, the High Court set aside the conviction and acquitted the appellant. The key principle laid down is that the prosecution must strictly prove the safe custody and transmission of recovered weapons to the forensic laboratory, and trial courts cannot copy-paste evidence from a main case into an offshoot case.

  Questions settled

  • Whether a positive FSL report can be relied upon for conviction when the prosecution fails to prove the safe custody and transmission of the recovered weapon?
  • Is it legally permissible for a trial court to copy and paste the evidence recorded in a main case into an offshoot case?
  • Does the acquittal of an accused in a main encounter case affect the sustainability of a conviction under the Arms Act arising from the same incident?
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• Najubullah vs The State2021 SHC 240 · Sindh High Court · 2021-01-27Read full judgment →
• Naimatullah vs The State2021 P Cr. L J 1339 · Sindh High Court · 2020-06-11
  compounding of offencecompromiseQisas and Diyatacquittalcriminal appealwaiver of rights
  Summary & questions settled

  The appellant, Naimatullah, was convicted by the trial court under sections 201 and 302(b) of the Pakistan Penal Code 1860 for the murder of Mst. Imtiaz Khatoon. During the pendency of his appeal, the appellant and the legal heirs of the deceased filed applications under sections 345(2) and 345(6) of the Code of Criminal Procedure 1898, seeking to compound the offence based on a compromise. The core legal question was whether the compromise, involving the waiver of Qisas and Diyat by the surviving legal heirs, was voluntary and legally sufficient to warrant acquittal. Following a court-ordered inquiry by the trial court, it was established that the compromise was genuine and entered into without coercion. The court held that since the legal heirs had forgiven the appellant in the name of Almighty Allah and waived their rights to Qisas and Diyat, the compromise was valid. Consequently, the court allowed the compounding of the offence, acquitted the appellant, and ordered his release, affirming that a voluntary compromise between parties in such criminal matters is permissible under the law.

  Questions settled

  • Can an offence under section 302(b) of the Pakistan Penal Code 1860 be compounded through a compromise between the accused and the legal heirs of the deceased?
  • Does a voluntary compromise and waiver of Qisas and Diyat by legal heirs justify the acquittal of a convicted appellant?
  • Are legal heirs who are nominated as accused in the same FIR entitled to inherit from the deceased for the purpose of compounding an offence?
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• Naimat Ali Khushk & Others vs Federation of Pakistan & Another2021 SHC 1316 · Sindh High Court · 2021-12-17Read full judgment →
• Nafeesa Begum vs State Life Insurance Corporation Of Pakistan and 22021 CLC 98 · Sindh High CourtRead full judgment →
• Naeem Akhtar vs The State2021 PLD Sindh 533 · Sindh High Court · 2021-05-18
  Criminal AppealAmended ChargeRecall of WitnessesQatl-i-AmdMandatory ProcedureMiscarriage of JusticeRemandCode of Criminal Procedure
  Summary & questions settled

  This criminal appeal challenged the conviction and death sentence of the appellant, Naeem Akhtar, for the offence of Qatl-i-Amd under Section 302(b) of the Pakistan Penal Code 1860. The core legal question was whether a trial court acts legally by adopting evidence recorded prior to the amendment of a charge without recalling witnesses for fresh examination. The Sindh High Court held that the trial court’s procedure was illegal and resulted in a miscarriage of justice. The Court ruled that the provisions of Section 231 of the Code of Criminal Procedure 1898 are mandatory; once a charge is altered or added, the court is legally obligated to allow the prosecution and the accused to recall and re-examine witnesses. The Court established that this statutory requirement cannot be bypassed by the consent of the parties or the prosecutor. Consequently, the conviction was set aside, and the case was remanded to the trial court for a de novo trial, with directions to recall witnesses for fresh examination and to record the accused's statement under Section 342 of the Code of Criminal Procedure 1898.

  Questions settled

  • Is the provision of Section 231 of the Code of Criminal Procedure 1898 regarding the recall of witnesses mandatory when a charge is altered?
  • Can a trial court rely on evidence recorded prior to the amendment of a charge if the parties consent to it?
  • What is the legal consequence of a trial court failing to recall witnesses for cross-examination after amending a charge?
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• Nadir Hussain vs Federation of Pakistan through Secretary Interior, Government of Pakistan Islamabad and others2021 SHC 294 · Sindh High Court · 2021-01-29Read full judgment →
• Nadir Ali Shaikh vs Altaf Hussain2021 SHC 1308 · Sindh High Court · 2021-12-17
  criminal revisionacquittalanti-corruptionforged sale deedappreciation of evidence
  Summary & questions settled

  Through this criminal revision application, the applicant challenged an order passed by the Special Judge Anti-Corruption dismissing his application under Section 249-A of the Code of Criminal Procedure 1898 for acquittal in a case registered under FIR No. 20 of 2015 concerning allegations of forgery and illegal transfer of landed property. The core legal question was whether an accused can be acquitted under Section 249-A or Section 265-K of the Code of Criminal Procedure 1898 in the middle of a trial after the framing of a charge and recording of partial prosecution evidence. The Sindh High Court dismissed the revision application, holding that where evidence has already been partially recorded and material witnesses remain to be examined, the trial court should not prematurely acquit the accused, as appreciating evidence at that stage could prejudice the case. The court laid down the principle that criminal cases must be disposed of after the conclusion of the trial upon evaluating all prosecution evidence, recording the statement of the accused, and hearing arguments, rather than pressing provisions like Section 249-A or Section 265-K into action mid-trial when prosecution has not been fully afforded the opportunity to prove its case.

  Questions settled

  • Can an accused be acquitted under Section 249-A of the Code of Criminal Procedure 1898 in the middle of a trial after charges have been framed and prosecution evidence has been partially recorded?
  • Whether premature appreciation of evidence while deciding an application under Section 249-A of the Code of Criminal Procedure 1898 can prejudice the case of either party?
  • Is it incumbent upon the trial court to conclude the trial and record the statement of the accused under Section 342 of the Code of Criminal Procedure 1898 before determining the probability of conviction?
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• Nadir Ali and others vs The State2021 SHC 72 · Sindh High Court · 2021-01-13
  pre-arrest baildelayed FIRfurther inquirymala fidecounter versionunlawful assemblySection 498 Cr.P.C.
  Summary & questions settled

  This criminal matter arose from an application under Section 498 of the Code of Criminal Procedure 1898 seeking pre-arrest bail, following its dismissal by the 3rd Additional Sessions Judge, Shaheed Benazirabad. The prosecution alleged that the applicants, forming an unlawful assembly, caused injuries with iron rods and lathies resulting in broken fingers and teeth. The applicants argued false implication arising from a dispute over a fish pond, an unexplained 16-day delay in lodging the FIR, and the existence of a counter version. The complainant raised no objection, whereas the State opposed the application due to specific roles assigned to the applicants in the FIR. The High Court observed that the unexplained 16-day delay could not be overlooked and the presence of a counter version necessitated a determination at trial regarding which party was the aggressor. Holding that the matter called for further inquiry and demonstrated mala fide, especially where the applicants had joined the trial, the Court confirmed the interim pre-arrest bail.

  Questions settled

  • Whether an unexplained delay of 16 days in lodging an FIR can justify the grant of pre-arrest bail on grounds of mala fide and further inquiry?
  • Whether the existence of a counter version regarding an incident necessitates the confirmation of pre-arrest bail to determine which party was the aggressor at trial?
  • Can pre-arrest bail be granted when the complainant records no objection and the accused has joined the trial?
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• Nadeem Zuberi vs Civil Aviation Authority through Director General2021 PLD Sindh 103 · Sindh High Court · 2020-10-14Read full judgment →
• Nabi Bux Jakhrani vs The State2021 MLD 1657 · Sindh High Court · 2020-10-22
  illegal weapon recoveryreasonable doubtpolice witness corroborationsafe custody of evidenceSindh Arms Actacquittalcriminal appeal
  Summary & questions settled

  This matter involves criminal appeals against convictions under Section 23(1)(a) of the Sindh Arms Act, 2013, where the appellants were sentenced to five years of rigorous imprisonment for the alleged possession of unlicensed firearms. The core legal question was whether the prosecution established the recovery of these weapons beyond a reasonable doubt, particularly when relying solely on police testimony despite the availability of independent witnesses. The Court held that the prosecution failed to prove its case, noting significant contradictions in police testimony regarding the arrest and a failure to demonstrate the safe custody and transmission of the weapons to the Ballistic Expert. Consequently, the Court set aside the convictions and acquitted the appellants. The judgment reaffirms the principle that where an accused's fate hinges on police testimony alone, independent corroboration is necessary if such evidence was available. Furthermore, it emphasizes that the prosecution must establish the integrity of recovered evidence, and a single circumstance creating reasonable doubt entitles an accused to acquittal as a matter of right.

  Questions settled

  • Is independent corroboration required when the prosecution's case rests solely on the testimony of police officials?
  • Does the failure to prove the safe custody and transmission of recovered weapons to a forensic laboratory vitiate the prosecution's case?
  • Is an accused entitled to acquittal if a single circumstance creates reasonable doubt in the prosecution's case?
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• M/s. Universal Enterprise vs The Customs Appellate Tribunal & others2021 SHC 716, 2022 PTD 94 · Sindh High Court · 2021-10-27Read full judgment →
• M/s. Telenor Microfinance Bank Limited vs Province of Sindh and others2021 SHC 940 · Sindh High Court · 2021-10-07
  social securityemployee registrationbeneficial legislationSESSIsecured workeremployer liabilityrecovery of contributionssocial security courts
  Summary & questions settled

  This constitutional petition was filed by M/s. Telenor Microfinance Bank Limited seeking directions for the Sindh Employees Social Security Institution (SESSI) to issue registration cards to its insured workers and employees. The core legal question revolved around whether the responsibility for non-registration of employees rests solely on the employer establishment or if SESSI holds a statutory obligation to enforce compliance, conduct inquiries, and ensure registration. The Sindh High Court held that while employers have a primary statutory duty to submit registration forms and pay contributions, SESSI cannot evade its active supervisory and enforcement responsibilities under the beneficial legislation. The Court emphasized that SESSI must independently inspect establishments, verify records, recover arrears, and utilize penal provisions against defaulters rather than shifting the entire burden onto employers. Ultimately, the petition was disposed of as SESSI agreed to issue the registration cards upon the completion of necessary formalities by the petitioner, while the Court issued comprehensive directives to the Government of Sindh and SESSI to improve worker registration, establish dedicated Social Security Courts across the province, and enforce labour protections effectively.

  Questions settled

  • Whether the failure of an employer establishment to submit registration forms relieves the Social Security Institution of its statutory obligation to ensure employee registration?
  • Can the payment of social security contributions be co-mingled or made conditional upon the immediate service of benefits to secured workmen?
  • What are the powers of the official of the Social Security Institution to check employer books and inquire into the correctness of records?
  • Whether the Government of Sindh is obligated to establish dedicated Social Security Courts across all divisions to deal with labour and contribution disputes?
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• M/s. Sunrise Builders (Pvt.) Ltd vs Federation of Pakistan & others2021 SHC 1180 · Sindh High Court · 2021-12-06Read full judgment →
• M/s. Sun Tube (Pvt.) Ltd vs Federation of Pakistan & others2021 PTD 858, PTCL 2021 CL. 45 · Sindh High Court · 2018-11-14Read full judgment →
• M/s. Star Denim Pvt. Ltd vs Government of Sindh and another2021 SHC 378 · Sindh High Court · 2021-03-29
  Sindh Employees' Social Security Institutionself-assessment schemephysical verificationsecured workersconstitutional jurisdictionstatutory interpretationlabour welfare
  Summary & questions settled

  The petitioner, M/s. Star Denim Pvt. Ltd., challenged a notice issued by the Sindh Employees' Social Security Institution (SESSI) seeking to visit the petitioner's establishment to physically verify secured workers for the issuance of R-5 cards. The petitioner contended that this action violated Section 23 of the Sindh Employees' Social Security Act, 2016, which restricts staff from visiting establishments opting for the self-assessment scheme for audit purposes within a two-year period. The core legal question was whether the physical verification of secured workers constitutes an 'inspection' or 'audit' prohibited by the Act. The Court held that there is a clear distinction between the examination of accounts, books, and records—which is restricted under the Act—and the physical verification of secured workers, which is necessary to ensure employees receive their entitled financial and medical benefits. Consequently, the Court found no illegality in the impugned notice and held that the institution's mandate to protect worker rights justifies such verification. The petition was dismissed in limine, affirming that the Court will not interfere in the internal regulatory functions of the institution under Article 199 of the Constitution.

  Questions settled

  • Does the physical verification of secured workers by the Sindh Employees' Social Security Institution constitute an audit or inspection prohibited under Section 23 of the Sindh Employees' Social Security Act 2016?
  • Can the High Court interfere in the internal regulatory affairs of the Sindh Employees' Social Security Institution under its constitutional jurisdiction?
  • Is the restriction on inspections under Section 23 of the Sindh Employees' Social Security Act 2016 applicable to the physical verification of workers' identity?
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• M/s. Shield Corporation Limited vs Government of Sindh throughSecretaryPTCL 2021 CL. 689 · Sindh High Court · 2020-10-27Read full judgment →
• M/s. Miracle Products (Pvt.) Ltd vs Federation of Pakistan and others2021 SHC 1225 · Sindh High Court · 2021-12-08Read full judgment →
• M/s. Mashal Welfare Foundation vs The Province of Sindh & others2021 SHC 1226 · Sindh High Court · 2021-12-08Read full judgment →
• M/s. M. Mubbashir Traders vs Sindh Revenue Board2021 SHC 462 · Sindh High CourtRead full judgment →
• M/s. Kiran Food Products vs Federation of Pakistan & others2021 SHC 656 · Sindh High Court · 2021-06-23Read full judgment →
• M/s. Ismat Traders vs The Deputy Collector of Customs & Others2021 SHC 286, 2022 PTD 1356 · Sindh High Court · 2021-01-27
  customs valuationappellate tribunalfact-finding forumreasoned orderremandpost-clearance auditreference application
  Summary & questions settled

  This matter concerns reference applications filed against an order of the Customs Appellate Tribunal, which had summarily upheld lower forum decisions regarding customs valuation disputes. The core legal question was whether the Tribunal, as the final fact-finding forum, is legally obligated to provide independent findings on issues of fact and law rather than merely endorsing the orders of lower authorities. The High Court held that the Tribunal's cursory approval of the lower forums' orders, without independent analysis or reasoning, failed to satisfy the requirements of a proper appellate adjudication. The Court emphasized that the Tribunal is the final fact-finding body and must independently weigh evidence and arguments presented by both parties. Consequently, the Court set aside the impugned order, ruling that a decision lacking independent reasoning is a nullity in law. The matter was remanded to the Tribunal with instructions to decide the appeal afresh by passing a reasoned, independent order after providing both parties an opportunity to be heard. The key principle established is that the Tribunal must actively deliberate on the merits of the case rather than merely rubber-stamping lower decisions.

  Questions settled

  • Is the Customs Appellate Tribunal legally required to provide independent findings on facts and law rather than merely endorsing the orders of lower forums?
  • Does a failure by the Customs Appellate Tribunal to independently deliberate on the issues raised in an appeal render its order a nullity in law?
  • Can the High Court remand a matter to the Customs Appellate Tribunal if the Tribunal fails to provide a reasoned, independent decision?
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• M/s. Interflow Communication (Pvt.) Ltd vs Aamir Ali2021 P C T L R 876 · Sindh High Court · 2020-02-25Read full judgment →
• M/s. Harris Silicones & Glass (Pvt.) Ltd vs Federation of Pakistan and othersPTCL 2021 CL. 451 · Sindh High Court · 2021-04-14Read full judgment →
• M/s. Green Top Pharma vs Government of Sindh Karachi and others2021 SHC 196 · Sindh High Court · 2021-01-21Read full judgment →
• M/s. Getz Pharma (Pvt.) Limited vs Novartis Ag and another2021 SHC 744 · Sindh High Court · 2021-09-02Read full judgment →
• M/s. Dalda Foods(Pvt) Ltd vs Sindh Labour Appellate Tribunal & Others2021 SHC 938 · Sindh High Court · 2021-10-06
  employer-employee relationshipconcurrent findingssham contractwrit jurisdictionlabour lawtrans-provincial establishmentwrongful termination
  Summary & questions settled

  This constitutional petition challenged the concurrent findings of the Sindh Labour Court and the Sindh Labour Appellate Tribunal, which ordered the reinstatement of employees terminated by M/s Dalda Foods (Pvt.) Ltd. The core legal questions concerned the existence of an employer-employee relationship, the validity of the termination, and whether the Labour Court possessed jurisdiction over the petitioner as a purported trans-provincial establishment. The High Court dismissed the petitions, holding that the contractor arrangement was a sham designed to deny permanent employment rights. Relying on established jurisprudence, the Court affirmed that where a principal employer exercises control, the employees are deemed to be its own, regardless of formal contractor agreements. Furthermore, the Court ruled that it cannot interfere with concurrent findings of fact by competent forums absent patent illegality, misreading, or non-reading of evidence. Additionally, the Court held that a party is estopped from raising jurisdictional objections in constitutional proceedings that were not raised before the lower forums, emphasizing that the petitioner's failure to object earlier constituted a waiver of such rights.

  Questions settled

  • Whether a company can outsource permanent jobs to a third-party contractor to avoid employer-employee liability?
  • Can a party challenge the jurisdiction of a labour court for the first time in constitutional proceedings after failing to raise it before the lower forums?
  • Under what circumstances can a High Court interfere with concurrent findings of fact by a Labour Court and Labour Appellate Tribunal?
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• M/s. Care Impex & Choudhry Anwar Munir vs The Collector of Customs &2021 SHC 144 · Sindh High Court · 2021-01-14Read full judgment →
• M/s. Brothers Industries through Partner vs Controller Of Patents and2021 PLJ Karachi 62 · Sindh High CourtRead full judgment →
• M/s Z.T.B.L and others vs Yaseen Dahri2021 SHC 642, 2022 CLD 118, 2022 PCTLR 381 · Sindh High Court · 2021-10-27Read full judgment →
• M/s WSKB & Company vs Province of Sindh & others2021 SHC 212 · Sindh High Court · 2021-01-26Read full judgment →
• M/s Thatta Cement Company Ltd. vs Ghulam Muhammad & others2021 SHC 706 · Sindh High Court · 2021-09-02
  Payment of Wages Actlimitation periodcondonation of delayconstitutional petitionlabour lawconcurrent findings of factwrit jurisdiction
  Summary & questions settled

  This constitutional petition challenged an order of the Sindh Labour Appellate Tribunal, which affirmed the dismissal of an appeal under Section 17 of the Payment of Wages Act 1936 as time-barred. The petitioner, Thatta Cement Company, failed to pay legal dues under a Golden Handshake Scheme, leading employees to seek recovery. The core legal questions concerned whether the limitation period for filing an appeal under the Payment of Wages Act 1936 could be extended and whether the High Court could interfere with concurrent findings of fact. The Court held that the petition was meritless, affirming that the Payment of Wages Act 1936 does not incorporate Section 5 of the Limitation Act 1908, thereby precluding the condonation of delay for appeals under Section 17. Furthermore, the limitation period commences from the date the direction is made, not the date of receipt. The Court reiterated the principle that under Article 199 of the Constitution of Pakistan 1973, the High Court cannot interfere with concurrent findings of fact unless there is a misreading or non-reading of evidence causing a miscarriage of justice.

  Questions settled

  • Does the Payment of Wages Act 1936 allow for the condonation of delay in filing an appeal under Section 17?
  • Does the limitation period for an appeal under the Payment of Wages Act 1936 commence from the date of the order or the date of receipt of the order?
  • Can the High Court interfere with concurrent findings of fact in the exercise of its constitutional jurisdiction under Article 199?
  • Is gratuity considered a part of wages under the Payment of Wages Act 1936?
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• M/s Sugrah Enterprises vs Collector of Customs and Others2021 SHC 1254 · Sindh High Court · 2021-12-10Read full judgment →
• M/s Spectrum Enterprises vs Federation of Pakistan & Others2021 SHC 1124, 2022 PTD 732, PTCL 2022 CL. 805 · Sindh High Court · 2021-09-02Read full judgment →
• M/s Sea King Shipping Agencies vs Assistant Collector of Customs & others2021 SHC 1116, 2022 PTD 410, 2022 PTCL 475 · Sindh High Court · 2021-09-24Read full judgment →
• M/s Rafique Ahmed & Co vs The Registrar of Trade Union Govt Sindh & Ors2021 SHC 634 · Sindh High Court · 2021-09-23
  Constitutional petitionTrade union registrationMaintainabilityLabour lawsRegistrar of Trade UnionsJudicial reviewEmployment status
  Summary & questions settled

  This constitutional petition challenged an order passed by the Registrar of Trade Unions accepting the change of office-bearers of a labor union. The petitioner, a contractor, contended that 41 individuals who participated in the election and were elected as office-bearers were not its employees, a fact supported by an inquiry report commissioned by the Registrar. The core legal questions concerned the maintainability of the petition given the availability of alternate remedies and the legality of the Registrar's order. The Court held that the petition was maintainable because the Sindh Industrial Relations Act, 2013, does not provide an employer with a right of appeal against the Registrar's decisions regarding trade union office-bearers. Consequently, the Court set aside the impugned order, ruling that the Registrar failed to apply his mind judicially by arbitrarily ignoring the adverse findings of the inquiry report he had commissioned. The judgment establishes that constitutional jurisdiction is available when a statutory authority acts without jurisdiction or fails to exercise its discretion judicially, particularly where no efficacious alternate remedy exists for the aggrieved party.

  Questions settled

  • Is a constitutional petition maintainable by an employer against an order of the Registrar of Trade Unions regarding the change of office-bearers?
  • Does the Sindh Industrial Relations Act, 2013 provide an employer with a right of appeal against the Registrar's acceptance of trade union office-bearers?
  • Can a statutory authority arbitrarily overrule a fact-finding report it commissioned without providing cogent reasoning?
  • Are non-employees eligible to be members or office-bearers of a trade union under the Sindh Industrial Relations Act, 2013?
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• M/s Panjgour Goods Transport Co vs Federation of Pakistan & others2021 SHC 1110, 2022 PTD 59 · Sindh High Court · 2021-10-11Read full judgment →
• M/s Outdoorsman vs Federation of Pakistan & others2021 SHC 1190, 2022 PTD 539 · Sindh High Court · 2021-12-06Read full judgment →
• Naeem Ahmed Gopang vs The State and others2021 SHC 1292 · Sindh High Court · 2021-12-16
  criminal transfer applicationtransfer of casethreats to witnessesgrounds for transferjudicial discretion
  Summary & questions settled

  This criminal transfer application was filed by the applicant seeking the transfer of his case from the trial court at Qamber to a court of competent jurisdiction in Karachi, citing alleged threats to the lives of the applicant and his witnesses by the private respondents. The core legal question was whether sufficient grounds existed to justify the transfer of the criminal case. The Court examined the record and found that the applicant failed to provide any evidence, such as specific details regarding when, where, or how the alleged threats occurred, nor did any witnesses corroborate the claims of intimidation. The Court held that a criminal case cannot be transferred based on unsubstantiated or self-invented grounds. Consequently, the application was dismissed, reinforcing the principle that transfer applications require concrete, verifiable evidence of prejudice or danger rather than mere assertions to warrant the relocation of judicial proceedings.

  Questions settled

  • Can a criminal case be transferred from one court to another based on unsubstantiated allegations of threats?
  • Is evidence of specific threats required to justify the transfer of a criminal trial?
  Read full judgment →
• M/s Lucky Cement Limited vs Federation of Pakistan2021 SHC 1330 · Sindh High Court · 2021-12-20Read full judgment →
• M/s Ibrahim & Sons vs Federation of Pakistan and Others2021 SHC 1170 · Sindh High Court · 2021-12-03Read full judgment →
• M/s Gul Ahmed Energy Ltd vs Court of Commission for Worksmen Comp. &2021 SHC 620 · Sindh High Court · 2021-08-26Read full judgment →
• M/s Guidance Schooling System vs Mst. Seema Mohsin and 02 others2021 SHC 12 · Sindh High Court · 2021-01-05Read full judgment →
• M/s Forel International Trading & others vs Waqas Ahmed Jat & others2021 SHC 1074, 2022 CLD 315, 2022 PLD Sindh 160 · Sindh High Court · 2021-10-14Read full judgment →
• M/s Driveline Motors Ltd vs Federation of Pakistan & others2021 SHC 720 · Sindh High Court · 2021-11-05Read full judgment →
• M/s Continental Biscuit vs Federation of Pakistan & others2021 SHC 4 · Sindh High Court · 2020-11-24Read full judgment →
• M/s Comfort Oil Mills Pvt Ltd, M/s MSK Industries, M/s KKR Oil & Ghee Mills2021 SHC 1262 · Sindh High Court · 2021-12-13Read full judgment →
• M/s Civil Aviation Authority vs The Appellate Tribunal Inland RevenuePTCL 2021 CL. 804, 2021 SHC 562 · Sindh High Court · 2021-09-07Read full judgment →
• M/s Capital Builders & Contractors vs Pakistan Steel Mills & Ors2021 SHC 203 · Sindh High Court · 2021-01-22Read full judgment →
• M/s Al-Kauser Drinking Water vs Province of Sindh and 05 others2021 SHC 220 · Sindh High Court · 2021-01-28Read full judgment →
• M/s Al-Hamd Steel Furnace vs Federation of Pakistan & others2021 SHC 574 · Sindh High Court · 2021-09-09Read full judgment →
• M/s Air Indus (Pvt) Ltd vs Pakistan Civil Aviation Authority2021 SHC 324, 2022 CLC 529 · Sindh High Court · 2021-09-02Read full judgment →
• M/s Aftab A. Khan and Brothers vs Executive Engineer and Others2021 SHC 111 · Sindh High Court · 2021-01-18Read full judgment →
• Muzamil Arif vs The State2021 YLR 1841 · Sindh High Court · 2021-04-07
  circumstantial evidencebenefit of the doubtkidnapping for ransomextra-judicial confessionpolice torturejuvenile offendercriminal appealanti-terrorism
  Summary & questions settled

  This criminal jail appeal arises from a judgment of the Anti-Terrorism Court convicting the juvenile appellant for offences under sections 302 and 365-A of the Pakistan Penal Code 1860 read with section 7 of the Anti-Terrorism Act 1997, sentencing him to life imprisonment. The prosecution case rested entirely on circumstantial evidence, including police pointation recoveries, a media broadcast confession, and mobile phone text messages. The core legal question before the Sindh High Court was whether the prosecution had established an unbroken chain of circumstantial evidence proving the appellant's guilt beyond a reasonable doubt. The High Court allowed the appeal, holding that the prosecution's case was riddled with material contradictions, unreliable witness testimony, inadmissible media confessions obtained through torture, and missing links in the chain of circumstantial evidence. The court laid down the principle that to sustain a conviction on a capital charge based on circumstantial evidence, the prosecution must provide an unbroken chain of evidence linking the accused to the crime without any missing links, and that a single circumstance creating reasonable doubt entitles the accused to acquittal as a matter of right.

  Questions settled

  • Whether a media broadcast confession of an accused is admissible in evidence when not formally introduced by its maker?
  • What is the standard of proof required for circumstantial evidence to sustain a conviction in a capital case?
  • Does a retracted confession allegedly procured through police torture carry any evidentiary value without being recorded before a judicial magistrate?
  • Is an accused entitled to an acquittal as a matter of right if a single circumstance creates a reasonable doubt in the prosecution's case?
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• Muzaffar Hussain Katpar vs The Province of Sindh and another2021 SHC 1084 · Sindh High Court · 2021-04-23
  service mattersuspensionjurisdiction of High CourtArticle 212disciplinary proceedingscivil servantService Tribunal
  Summary & questions settled

  The petitioner challenged his suspension from service, initiated by the Government of Sindh following a National Accountability Bureau (NAB) reference against him. The core legal question was whether the High Court possessed jurisdiction to entertain a petition challenging a suspension order, or if such matters were exclusively within the domain of the Service Tribunal. The Court held that the petition was not maintainable, affirming that matters relating to the terms and conditions of service, including suspension and disciplinary proceedings, fall squarely within the exclusive jurisdiction of the Service Tribunal under Article 212 of the Constitution of Pakistan 1973 and the Sindh Service Tribunals Act 1973. The Court emphasized that the High Court is barred from interfering in such service matters. However, noting the absence of departmental proceedings since 2018, the Court directed the competent authority to initiate and conclude disciplinary proceedings against the petitioner within one month, stressing that disciplinary actions against civil servants must be conducted expeditiously under the Sindh Civil Servants (Efficiency and Discipline) Rules 1973 to prevent unnecessary hardship and litigation.

  Questions settled

  • Does the High Court have jurisdiction to adjudicate a challenge against a suspension order issued to a civil servant?
  • Do disciplinary proceedings against a civil servant fall within the ambit of terms and conditions of service?
  • Is the jurisdiction of the High Court barred in service matters by Article 212(2) of the Constitution of Pakistan 1973?
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• Mustafa Ali & 13 others vs The Government of Sindh and 13 others2021 SHC 32 · Sindh High Court · 2021-01-12Read full judgment →
• Mushtaque Hussain vs The State2021 SHC 1320 · Sindh High Court · 2021-12-20
  criminal misappropriationanti-corruptionburden of proofappreciation of evidencecriminal appealpublic servant corruption
  Summary & questions settled

  This criminal appeal challenged the conviction of the appellant for the misappropriation of 2970 bags of government wheat during the 1996-97 procurement season, which resulted in a financial loss of Rs. 20,19,600 to the government exchequer. The core legal question was whether the prosecution had established the appellant's guilt beyond a reasonable doubt and whether the appellant had successfully substantiated any of the multiple, inconsistent defenses raised during the trial. The court held that the prosecution provided reliable, trustworthy, and confidence-inspiring oral and documentary evidence, including official stock reports and testimony, which clearly demonstrated the appellant's role as the Centre Incharge and his failure to account for the missing stock. Conversely, the appellant failed to produce any supporting evidence for his shifting defenses, which included allegations against contractors and the District Food Controller. The court affirmed the conviction, emphasizing that corruption offenses cause significant harm to the national economic structure and must be deterred. The principle laid down is that while an accused may raise multiple defenses, the burden remains on the accused to substantiate such pleas with evidence, whereas the prosecution must prove its case through consistent, reliable material.

  Questions settled

  • Does the burden of proof shift to the accused when they raise specific defenses to a charge of misappropriation?
  • Can a conviction be sustained when the prosecution provides consistent documentary evidence of stock discrepancies despite the accused raising multiple, unsubstantiated defenses?
  • Is the failure of an accused to lead evidence in support of their defense pleas a relevant factor in assessing the prosecution's case?
  Read full judgment →
• Murshid vs The State2021 MLD 133 · Sindh High Court · 2019-12-09
  criminal appealdeath sentencemitigating circumstancemotiveeye-witness testimonydelayed FIRrelated witnesssentencing discretion
  Summary & questions settled

  This criminal jail appeal challenges a conviction and death sentence for murder and attempted murder. The core legal questions concerned whether the prosecution proved the appellant's guilt beyond reasonable doubt despite a delayed FIR, and whether the death sentence was appropriate given the circumstances. The Court upheld the conviction, finding the prosecution's evidence—comprising consistent eye-witness testimony, recovery of the murder weapon, and medical evidence—reliable and sufficient. However, the Court reduced the death sentence to life imprisonment. The key principles laid down are that a delayed FIR is not fatal to the prosecution's case if the delay is adequately explained by the complainant's circumstances. Furthermore, the testimony of related or police witnesses is credible absent evidence of personal enmity or mala fide. Crucially, where the prosecution fails to allege or prove a motive for the crime, the Court may treat this as a mitigating circumstance to reduce a death sentence to life imprisonment, ensuring the safe administration of justice.

  Questions settled

  • Is a delay in lodging an FIR fatal to the prosecution's case if the delay is adequately explained?
  • Can the testimony of related or police witnesses be relied upon in the absence of proven enmity or mala fide?
  • Does the absence of a proven motive for murder constitute a mitigating circumstance justifying the reduction of a death sentence to life imprisonment?
  Read full judgment →
• Murad Ali vs The State2021 YLR 984 · Sindh High Court · 2020-08-18
  narcotics possessionchain of custodychemical analyzer reportcriminal appealmalkhana registerevidentiary value of photographsControl of Narcotic Substances Act
  Summary & questions settled

  This criminal appeal challenges the conviction and sentence of the appellant for possession of 13 kilograms of hashish under Section 9(c) of the Control of Narcotic Substances Act, 1997. The core legal questions concerned whether the prosecution established an unbroken chain of custody for the recovered narcotics, the impact of non-production of the Malkhana register (Register No. 13), and the evidentiary value of a photograph produced by the defense to allege false implication. The Sindh High Court dismissed the appeal, holding that the conviction was sound. The Court ruled that the chain of custody remains intact when narcotics are sealed on-site and received by the chemical analyzer in sealed condition, rendering the examination of the bearer unnecessary in the absence of unexplained transmission delays. Furthermore, the Court established that the non-production of the Malkhana register is not fatal to the prosecution's case when custody is otherwise proven. Finally, the Court held that photographic evidence requires independent authentication by the photographer or a witness to be admissible, and minor testimonial contradictions do not warrant acquittal.

  Questions settled

  • Is the non-production of the Malkhana register (Register No. 13) fatal to the prosecution's case in narcotics trials?
  • Does the chain of custody remain unbroken if narcotics are sealed on-site and received by the chemical analyzer in sealed condition?
  • Is the examination of the bearer of narcotics necessary to prove the chain of custody in all cases?
  • Can a photograph produced during a statement under Section 342 of the Code of Criminal Procedure 1898 be accepted as evidence without independent authentication?
  Read full judgment →
• Muqadar Ali alias Imran vs The State2021 MLD 1734 · Sindh High Court · 2021-03-18
  explosive substancescriminal appealbenefit of doubtsafe custody of recoverycontradictory evidenceanti-terrorismacquittal
  Summary & questions settled

  This criminal appeal challenges the judgment of the Anti-Terrorism Court convicting the appellant under Section 5 of the Explosive Substances Act 1908 and sentencing him to five years rigorous imprisonment. The core legal questions involved whether the prosecution successfully proved the recovery of the explosive substance beyond a reasonable doubt and whether material contradictions in the description of the recovered item and lack of safe custody vitiated the conviction. The Sindh High Court held that discrepancies between the police testimony stating a 'hand grenade' was recovered versus the Bomb Disposal Unit report describing a 'rifle grenade', coupled with the failure to prove safe custody of the explosive at the police station malkhana, created insurmountable doubt in the prosecution's case. Consequently, the High Court set aside the conviction and acquitted the appellant, reaffirming the principle that a single reasonable circumstance creating doubt entitles the accused to acquittal as a matter of right.

  Questions settled

  • Does a material contradiction between police testimony and the bomb disposal report regarding the nature of a recovered explosive create reasonable doubt?
  • Is the prosecution required to prove the safe custody of recovered explosive substances at the police malkhana through competent witnesses?
  • Does the failure to establish safe custody of a recovered weapon or explosive render the recovery unbelievable?
  • Does a single circumstance creating reasonable doubt in the prosecution case entitle the accused to acquittal as a matter of right?
  Read full judgment →
• Munir Ahmed vs Province Of Sindh through Secretary Board of Revenue, Karachi and 11 others2021 CLC 1704 · Sindh High Court · 2021-02-12Read full judgment →
• Munir Ahmed and others vs Province Of Sindh and others2021 SHC 1342 · Sindh High Court · 2021-12-21Read full judgment →
• Muneer Ahmed & 02 others vs Health Department, Government of Sindh2021 SHC 406 · Sindh High Court · 2021-04-30
  service matterwrit jurisdictionsuspension from serviceterms and conditions of serviceouster of jurisdictioncivil servantdisciplinary proceedings
  Summary & questions settled

  This petition challenged the suspension of civil servants and the subsequent withdrawal of their reinstatement by the Health Department, Government of Sindh. The core legal question was whether the High Court possesses writ jurisdiction to adjudicate upon the suspension of a civil servant, or if such matters fall within the exclusive domain of the Service Tribunal. The Court held that the petition was not maintainable, dismissing it in limine. Relying on Article 212 of the Constitution of Pakistan 1973 and the Sindh Service Tribunals Act 1973, the Court affirmed that matters relating to the terms and conditions of service, including disciplinary proceedings and suspension, are exclusively within the jurisdiction of the Service Tribunal. The Court established that suspension is a temporary administrative arrangement, not a final punishment, and judicial interference at the suspension stage would disrupt departmental discipline. Consequently, the High Court lacks jurisdiction to entertain such petitions, as civil servants must exhaust their remedies before the appropriate Service Tribunal. The Court directed that disciplinary proceedings be finalized within two months, ensuring the petitioners receive their salaries during the interim period.

  Questions settled

  • Does the High Court have jurisdiction to entertain a constitutional petition challenging the suspension of a civil servant?
  • Are disciplinary proceedings and suspension orders considered matters relating to the terms and conditions of service of a civil servant?
  • Does Article 212 of the Constitution of Pakistan 1973 bar the jurisdiction of the High Court in service matters?
  • Is a suspension order considered a punishment or a temporary administrative arrangement?
  Read full judgment →
• Munaza Yasmeen and others vs National Industrial Relation Commission &2021 SHC 1086 · Sindh High Court · 2021-04-22
  constitutional petitionwrit jurisdictionmaintainabilityindustrial relationsunfair labour practicealternative remedynon-prosecution
  Summary & questions settled

  This constitutional petition challenged an order passed by a Single Member Bench of the National Industrial Relations Commission (NIRC), which had dismissed the petitioners' grievance petitions regarding transfer orders. The core legal question was whether the High Court could exercise its writ jurisdiction under Article 199 of the Constitution of Pakistan 1973 to entertain a petition against an order of the NIRC when an appellate remedy was available and had already been invoked. The Court held that the petition was not maintainable. It observed that the petitioners had already filed an appeal before the Full Bench of the NIRC, which was subsequently dismissed for non-prosecution. Because that appellate order remained in the field and the petitioners failed to seek its recall or pursue the appropriate legal remedy before the NIRC, the High Court lacked jurisdiction to adjudicate the matter. The key principle laid down is that the High Court will not exercise its extraordinary constitutional jurisdiction where an alternative, efficacious statutory remedy has been invoked and exhausted, or where the petitioner has failed to pursue available appellate forums.

  Questions settled

  • Can the High Court exercise writ jurisdiction under Article 199 against an order of the National Industrial Relations Commission when an appellate remedy is available?
  • Is a constitutional petition maintainable if the petitioner has already invoked the appellate jurisdiction of the National Industrial Relations Commission but failed to pursue it?
  • Does the dismissal of an appeal for non-prosecution by the Full Bench of the National Industrial Relations Commission preclude the High Court from entertaining a petition on the same subject matter?
  Read full judgment →
• Munawara Begum vs Federation of Pakistan & others2021 SHC 20 · Sindh High Court · 2021-01-11Read full judgment →
• Munawar Ali Narejo vs Judge Anti-Terrorism Shikarpur and others2021 SHC 1142 · Sindh High Court · 2021-03-16Read full judgment →
• Munawar Ali Mahar vs P.O Sindh through Secretary Phed & Others2021 SHC 1210 · Sindh High Court · 2021-12-07Read full judgment →
• Mumtaz ul Haq vs State2021 SHC 801 · Sindh High Court · 2021-09-27Read full judgment →
• Mumtaz Ali Shaikh vs Haji Gahino Khan Jatoi2021 SHC 1298 · Sindh High Court · 2021-12-16Read full judgment →
• Mukhtiar & another vs The State2021 SHC 276 · Sindh High Court · 2021-01-18
  post-arrest bailprinciple of consistencyidentification parademurdercriminal procedurebail application
  Summary & questions settled

  This matter concerns a post-arrest bail application filed by the applicants, Mukhtiar and another, who were charged with the murder of a public servant, PC Abdul Hameed, while discharging his lawful duties. The core legal question was whether the applicants were entitled to the concession of bail, particularly given the principle of consistency, as a co-accused with a similar role had already been granted bail by the trial court. The applicants argued their innocence, claiming false implication and that the identification parade was conducted with significant delay. The State opposed the bail, citing the recovery of the crime weapon. The Court held that the applicants were entitled to bail, noting that their names were absent from the FIR, the identification parade occurred three days after their arrest, and the principle of consistency applied because a co-accused with a similar role had already been admitted to bail. The Court further observed that the recovery of the crime weapon was alleged to be a result of foistation. Consequently, the bail application was allowed subject to the furnishing of surety.

  Questions settled

  • Does the principle of consistency apply when a co-accused with a similar role has already been granted bail?
  • Can bail be granted when the recovery of the crime weapon is alleged to be a result of foistation?
  • Is a delay in holding an identification parade a relevant factor in determining the grant of bail?
  Read full judgment →
• Mujeeb Rehman alias Mujahid Jakhro vs The State2021 SHC 858 · Sindh High Court · 2021-07-19Read full judgment →
• Muhammad Younis vs The State2021 P Cr. L J 851 · Sindh High Court · 2020-10-29
  unlicensed weaponrecoverypolice evidencereasonable doubtsafe custodysafe transmissioncriminal appealacquittal
  Summary & questions settled

  This criminal appeal challenged the conviction of the appellant under Section 24 of the Sindh Arms Act, 2013, for the possession of an unlicensed weapon. The core legal question was whether the prosecution had sufficiently proven the recovery of the weapon beyond reasonable doubt, given that the evidence relied upon was exclusively that of police officials. The Sindh High Court held that the prosecution failed to establish its case. The court noted that the investigation officer failed to associate independent witnesses despite the recovery occurring during the daytime in an accessible place. Furthermore, the prosecution failed to prove the safe custody and transmission of the weapon to the forensic laboratory, and there were unexplained discrepancies in the documentation. The court reaffirmed that while police testimony is admissible, it requires independent corroboration when it forms the sole basis of the prosecution's case. Consequently, the court set aside the conviction and acquitted the appellant, emphasizing that a single circumstance creating reasonable doubt entitles an accused to acquittal as a matter of right.

  Questions settled

  • Does the failure of the prosecution to prove the safe custody and transmission of a recovered weapon warrant acquittal?
  • Is independent corroboration required when the prosecution's case rests solely on the testimony of police officials?
  • Does a single circumstance creating reasonable doubt entitle an accused to acquittal as a matter of right?
  Read full judgment →
• Muhammad Younis and another vs Muhammad Ishaque2021 SHC 1162 · Sindh High Court · 2021-12-03
  criminal appealmurder convictionocular evidenceinjured witnessfalsus in uno falsus in omnibusdelayed FIRrecovery of weapon
  Summary & questions settled

  This criminal appeal challenges the conviction and sentencing of the appellants for the murder of the deceased and causing injuries to three others, arising from a dispute over the construction of a road. The core legal questions concerned whether the prosecution proved its case beyond reasonable doubt, whether the delay in lodging the FIR and recording statements under Section 161 of the Code of Criminal Procedure 1898 was fatal to the prosecution's case, and whether the acquittal of a co-accused on the same evidence necessitated the acquittal of the appellants. The Court held that the prosecution successfully established the appellants' guilt through consistent ocular evidence from injured witnesses, which was corroborated by medical reports and the recovery of crime weapons. The Court affirmed the convictions, ruling that minor contradictions in testimony and delays in procedural steps do not invalidate the prosecution's case when the evidence is otherwise reliable and confidence-inspiring. The judgment reiterates that the principle of falsus in uno, falsus in omnibus is not applicable in Pakistani criminal jurisprudence, and courts must sift the grain from the chaff to reach a just conclusion.

  Questions settled

  • Does the principle of falsus in uno, falsus in omnibus apply to criminal cases in Pakistan?
  • Is a delay in recording statements under Section 161 of the Code of Criminal Procedure 1898 fatal to the prosecution's case?
  • Can evidence disbelieved regarding an acquitted co-accused still be relied upon to convict other co-accused?
  • Does a delay in lodging an FIR automatically render the prosecution's case doubtful?
  Read full judgment →
• Muhammad Younis alias Bona and another vs The State2022 YLR 924 · Sindh High Court · 2020-10-01
  police encounterbenefit of doubtsafe custody of case propertyrecovery proceedingsindependent corroborationanti-terrorismcriminal appealchain of custody
  Summary & questions settled

  This appeal challenges the conviction and sentences awarded by the Anti-Terrorism Court in a case involving an alleged police encounter, illegal possession of arms, and terrorism-related offences. The core legal questions concern whether the prosecution proved its case beyond reasonable doubt, the reliability of police testimony in the absence of independent corroboration, the validity of recovery proceedings, and the integrity of the chain of custody for case property. The Court held that the prosecution failed to discharge its burden of proof. Key deficiencies included material contradictions in the testimonies of police witnesses, an unexplained delay in lodging the FIR, failure to associate independent witnesses for recovery proceedings in a populated area, and a seven-day unexplained delay in transmitting case property to the forensic laboratory. Furthermore, the failure to produce the case property at trial and the lack of evidence regarding its safe custody rendered the prosecution's case unreliable. Consequently, the Court set aside the convictions, emphasizing that the benefit of any doubt must be extended to the accused as a matter of right.

  Questions settled

  • Does the failure to associate independent witnesses during recovery proceedings in a populated area invalidate the recovery?
  • Can a conviction be sustained when the prosecution fails to prove the safe custody and transit of case property to the forensic laboratory?
  • Does an unexplained delay in lodging an FIR create a reasonable doubt regarding the prosecution's version of events?
  • Is the recovery of incriminating articles sufficient to sustain a conviction if the primary ocular evidence is disbelieved?
  Read full judgment →
• Muhammad Yameen Qureshi vs The Judge Anti-Encroachment Tribunal2021 CLC 19 · Sindh High Court · 2019-11-08Read full judgment →
• Muhammad Usman vs The State2021 SHC 1002 · Sindh High Court · 2021-04-19
  Qatl-i-Amdgrave and sudden provocationsudden fightpremeditationconfessional statementcriminal appealmurder conviction
  Summary & questions settled

  This criminal appeal challenges a conviction for the murder of Muhammad Irfan, punishable under Section 302(b) of the Pakistan Penal Code 1860. The appellant, having confessed to the crime, sought to reclassify the offense under Section 302(c) of the Pakistan Penal Code 1860, arguing that the killing occurred during a sudden fight or due to grave and sudden provocation arising from the deceased's alleged sexual advances toward the appellant's wife. The core legal question was whether the evidence supported the application of Exceptions 1 or 4 of the erstwhile Section 300 of the Pakistan Penal Code 1860 to mitigate the sentence. The Court dismissed the appeal, holding that the evidence clearly demonstrated premeditation rather than a sudden act. The Court affirmed that for such exceptions to apply, there must be tangible evidence of sudden provocation or a sudden fight, and the reaction must be proportionate. Because the appellant had sufficient time for his passion to cool and deliberately lured the victim to his residence, the defense of sudden provocation failed. The conviction and sentence were upheld.

  Questions settled

  • What are the essential elements required to establish the defense of grave and sudden provocation in a murder trial?
  • Can an accused claim the benefit of a sudden fight under Exception 4 of the erstwhile Section 300 of the Pakistan Penal Code 1860 if they armed themselves with a weapon before the incident?
  • Does the passage of time between an alleged provocation and the commission of a crime negate the defense of sudden provocation?
  • Does the absence of motive in a murder case automatically entitle an accused to the benefit of a reduced sentence under Section 302(c) of the Pakistan Penal Code 1860?
  Read full judgment →
• Muhammad Usman Siddiqui vs Mukaram Alam Siddiqui and 2 others2021 CLC 553 · Sindh High Court · 2019-11-01Read full judgment →
• Muhammad Usman Memon vs D.C.O., Hyderabad and others2021 MLD 200 · Sindh High Court · 2019-11-08Read full judgment →
• Muhammad Usman Lothio vs Nemo2021 SHC 354 · Sindh High Court · 2021-09-17Read full judgment →
• Muhammad Usman Lakhtio vs Punhal Lakhtio and another2021 YLR 1097 · Sindh High Court · 2020-11-04
  capital punishmentcommutation of sentenceunproven motiveocular evidenceappeal against acquittalcriminal appealmurder
  Summary & questions settled

  This matter concerns a criminal appeal against a conviction for murder and an acquittal appeal against a co-accused. The appellant challenged his conviction under Section 302, Pakistan Penal Code 1860, arguing that the prosecution failed to prove motive and that the ocular evidence was unreliable due to the witnesses' relationship with the deceased. The core legal question was whether the conviction and capital sentence were sustainable given the failure to prove the alleged motive and the nature of the evidence. The Court held that while the prosecution successfully established the appellant's guilt through consistent and reliable ocular testimony, the failure to prove the asserted motive necessitated a reduction in the sentence. The Court affirmed the conviction but commuted the death sentence to imprisonment for life, citing the principle that an unproven motive on a capital charge warrants caution in sentencing. The acquittal appeal was dismissed, as the trial court correctly found no specific overt act attributed to the acquitted accused. The judgment reinforces that while minor contradictions do not invalidate testimony, a failure to prove motive can mitigate the severity of the sentence.

  Questions settled

  • Does the failure of the prosecution to prove the alleged motive in a murder case necessarily invalidate a conviction?
  • Can a death sentence be commuted to life imprisonment solely due to the prosecution's failure to establish the asserted motive?
  • What is the standard of appellate interference in an appeal against an acquittal?
  • Do minor contradictions in the testimony of natural witnesses render their evidence unreliable in a criminal trial?
  Read full judgment →
• Muhammad Urs vs Province of Sindh and others2021 SHC 978 · Sindh High Court · 2021-10-27Read full judgment →
• Muhammad Umer S/O Saindan vs The State2021 SHC 524 · Sindh High Court · 2021-11-03
  post-arrest bailgutka and manpuriprohibitory clausefurther inquirystatutory interpretationraw materials possession
  Summary & questions settled

  This bail application concerns the arrest of the applicant for alleged involvement in the manufacturing and transport of gutka and manpuri. The core legal question is whether the possession of individual raw ingredients—such as betel nut, lime, and catechu—constitutes an offence under the Sindh Prohibition of Preparation, Manufacturing, Storage, Sale and Use of Gutka and Manpuri Act, 2019, when those items are not yet mixed. The Court held that the Act specifically criminalizes the 'mixture' or 'substance' defined as gutka or manpuri, and that the mere possession of separate, unmixed ingredients does not prima facie attract the penal provisions of the Act. Consequently, the Court found the matter required further inquiry, and as the offence did not fall within the prohibitory clause of the Code of Criminal Procedure 1898, the principle that bail is the rule and refusal the exception applied. The Court granted post-arrest bail, emphasizing that whether raw materials constitute an offence remains a question for the trial court to determine based on evidence.

  Questions settled

  • Does the possession of individual, unmixed ingredients like betel nut and lime constitute an offence under the Sindh Prohibition of Preparation, Manufacturing, Storage, Sale and Use of Gutka and Manpuri Act, 2019?
  • Is the requirement of a 'mixture' essential to establish an offence under the Sindh Prohibition of Preparation, Manufacturing, Storage, Sale and Use of Gutka and Manpuri Act, 2019?
  • Does the grant of bail follow the rule of 'bail is the rule and refusal the exception' for offences not falling within the prohibitory clause of the Code of Criminal Procedure 1898?
  Read full judgment →
• Muhammad Tobria vs The Board of Trustee through Chairman, and 62021 YLR 2278 · Sindh High Court · 2021-04-13
  rejection of plaintlease vs licenceKarachi Port Trust Actintention of partiesphysical possessionbarring provisioncivil revision
  Summary & questions settled

  This civil revision petition arises from the rejection of plaints under Order VII Rule 11 of the Code of Civil Procedure 1908 in suits filed by the applicants for declaration and permanent injunction against eviction notices issued by the Karachi Port Trust under Section 87 of the Karachi Port Trust Act 1886. The core legal question was whether the applicants were lawfully ousted and whether their plaints were rightly rejected as being barred under Section 87 of the Act. The Sindh High Court held that the lower courts erred in rejecting the plaints, ruling that the intention of the parties and subsequent conduct—such as the issuance of challans for lease money and undisputed physical possession—supersede the mere nomenclature of 'license' in expired documents, thereby creating a triable issue regarding the true status of the occupants as lessees. Consequently, actions taken outside the scope of the Act do not attract the barring provisions of Section 87, and plaints cannot be rejected prematurely without a full trial.

  Questions settled

  • Whether the intention of the parties supersedes the description given in a document when determining the status of an occupant as a lessee or a licensee?
  • Does the issuance of rental receipts for a lease period alter the status of an occupant from a licensee to a lessee requiring due process of law for eviction?
  • Can a plaint be rejected under Order VII Rule 11 of the Code of Civil Procedure 1908 where the applicability of a statutory barring provision requires recording of evidence and trial?
  • Does Section 87 of the Karachi Port Trust Act 1886 protect eviction actions taken against persons whose status is prima facie established as lessees rather than licensees?
  Read full judgment →
• Muhammad Tariq vs The State2021 YLR 1735 · Sindh High Court · 2020-12-07
  post-arrest bailsodomydelayed FIRinvestigative negligencevictim statementprima facie case
  Summary & questions settled

  This matter concerns a post-arrest bail application filed by the accused, Muhammad Tariq, charged under Section 377 of the Pakistan Penal Code 1860 for the alleged sodomy of a minor. The core legal question was whether the accused was entitled to bail given the delayed FIR, the absence of eyewitnesses, and a negative DNA report. The Court observed significant negligence by the investigating officer in collecting evidence and recording the victim's statement, as well as a failure by the prosecution to properly review the challan. However, the Court held that procedural lapses by the investigation and prosecution at the preliminary stage should not prejudice the victim's case. The Court found that the victim's statement, despite the lack of corroborating witnesses and the delayed FIR, established a prima facie case against the accused, noting that the delay was attributable to the victim's fear of the accused. Consequently, the Court dismissed the bail application, holding that the truth of the allegations must be determined at trial.

  Questions settled

  • Does the negligence of an investigating officer in collecting evidence entitle an accused to post-arrest bail?
  • Should procedural lapses by the investigation or prosecution at the preliminary stage negatively impact the victim's case?
  • Can a delayed FIR be excused if the delay is attributed to the victim's fear of the accused?
  Read full judgment →
• Muhammad Sohail and others vs The State and others2021 P Cr. L J 1502 · Sindh High Court · 2021-05-26
  kidnapping for ransomAnti-Terrorism Actinterested witnessbenefit of the doubtfalse implicationenmitycriminal appeal
  Summary & questions settled

  This appeal challenged the conviction of the appellant for kidnapping for ransom under the Anti-Terrorism Act 1997. The core legal question was whether the prosecution had proven the appellant's guilt beyond a reasonable doubt, specifically regarding the reliability of the complainant's testimony and the alleged ransom demands, given the admitted history of severe financial disputes and litigation between the parties. The Sindh High Court held that the prosecution failed to establish its case, finding the evidence riddled with inconsistencies and doubts. The court emphasized that in cases involving interested and related witnesses, particularly where deep-seated enmity exists, testimony must be scrutinized with extreme care and caution. The court further held that uncorroborated verbal allegations of ransom demands are insufficient for conviction, and that delayed nomination of the accused, coupled with discrepancies in identification and the lack of forensic evidence, warrants acquittal. Consequently, the court set aside the conviction, ruling that the accused is entitled to the benefit of the doubt as a matter of right, and ordered his immediate release.

  Questions settled

  • Is the uncorroborated testimony of an interested witness sufficient to sustain a conviction in a kidnapping for ransom case?
  • Does a history of financial litigation between the complainant and the accused necessitate the application of extreme caution when evaluating prosecution evidence?
  • Can a conviction for kidnapping for ransom be sustained solely on verbal allegations of ransom demands without independent corroborative evidence?
  • Does a significant delay in nominating an accused in an FIR, particularly when the complainant had prior knowledge of the suspects, create a reasonable doubt?
  Read full judgment →
• Muhammad Siddique @ Dablo vs The State2021 SHC 154 · Sindh High Court · 2021-01-19
  post-arrest bailnarcotics possessionhabitual offenderrecovery witnessbail adjudication
  Summary & questions settled

  This matter concerns a post-arrest bail application filed by the applicant, who was charged with the possession of 2000 grams of charas. The applicant sought bail under Section 497 of the Code of Criminal Procedure 1898, arguing innocence, false implication by the police, and the absence of independent witnesses to the recovery. The State opposed the application, highlighting the applicant's status as a habitual offender. The Court held that while the absence of independent witnesses was noted, police officials are competent witnesses whose testimony cannot be summarily disregarded at the bail stage. Furthermore, the Court observed that the offence of narcotics possession affects society at large and that there were reasonable grounds to believe the applicant was guilty of the charged offence. Consequently, the Court dismissed the bail application, finding no sufficient grounds for release, and directed the trial court to conclude the proceedings within three months. The judgment reaffirms that police recovery witnesses are credible at the bail stage and that habitual offending is a relevant factor in bail adjudication.

  Questions settled

  • Are police officials considered competent witnesses for the purpose of bail adjudication in narcotics cases?
  • Does the absence of independent witnesses to a recovery automatically entitle an accused to bail?
  • Is the status of a habitual offender a relevant consideration when deciding a bail application?
  Read full judgment →
• Muhammad Siddique & Another vs The State2021 SHC 1022 · Sindh High Court · 2021-02-02
  pre-arrest bailprohibitory clausecounter versionfurther inquirycriminal intimidationunlawful assembly
  Summary & questions settled

  This matter arises from a pre-arrest bail application filed by the applicants under Section 498 of the Code of Criminal Procedure 1898 after being refused the same by the Additional Sessions Judge, Khipro, in a case involving charges of unlawful assembly, causing hurt with fists, kicks, lathies, and the backside of hatchets, and criminal intimidation. The core legal question is whether the applicants are entitled to pre-arrest bail in offences not falling within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898, given factors such as delayed FIR, a counter-version of the incident, a plot dispute, and the grant of bail to co-accused. The Sindh High Court held that the interim pre-arrest bail should be confirmed. The key principles laid down are that offences not falling within the prohibitory clause, coupled with a counter-version requiring trial determination, a delayed FIR, and parity with co-accused granted bail, establish a case for confirmation of pre-arrest bail on the grounds of further inquiry and mala fides.

  Questions settled

  • Whether pre-arrest bail can be granted when the alleged offences do not fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898?
  • Does the existence of a counter-version of the incident create grounds for further inquiry warranting pre-arrest bail?
  • Whether delay in lodging the FIR and a pre-existing dispute between parties are relevant considerations for confirming pre-arrest bail?
  Read full judgment →
• Muhammad Sharif and another vs The State2021 P Cr.L J 1631 · Sindh High Court · 2021-01-21
  statement of accusedsection 342 crpcdying declarationremand of casecapital punishmentmurderfair trial
  Summary & questions settled

  This criminal appeal challenges the conviction and death sentence of the appellants under Section 302(b) of the Pakistan Penal Code 1860, along with a reference for confirmation of the death sentence by the trial court. The core legal question before the High Court was whether failing to put crucial incriminating evidence, such as the dying declaration, a Section 164 Cr.P.C. statement, and the motive, to the accused during their examination under Section 342 of the Code of Criminal Procedure 1898 vitiates the trial and causes prejudice. The Sindh High Court held that examining the accused under Section 342, Cr.P.C. regarding all incriminating circumstances is a mandatory requirement, and omitting to put material pieces of evidence—such as a dying declaration or witness statements—causes prejudice and results in a mistrial. The court laid down the principle that no piece of evidence can be used to convict an accused unless it has been specifically put to them during their examination under Section 342, Cr.P.C., and failure to do so warrants setting aside the conviction and remanding the case for a fresh statement and retrial from that stage.

  Questions settled

  • Can incriminating evidence not put to an accused under Section 342 of the Code of Criminal Procedure 1898 be used for their conviction?
  • Does the failure of the trial court to question an accused about a dying declaration and motive under Section 342, Code of Criminal Procedure 1898 cause material prejudice?
  • What is the legal consequence of omitting to put crucial prosecution evidence to an accused during their examination under Section 342, Code of Criminal Procedure 1898?
  • Whether an appellate court can remand a criminal case back to the trial court for recording a fresh statement under Section 342, Code of Criminal Procedure 1898?
  Read full judgment →
• Muhammad Sharif @ Kalia vs ADJ/Ist MCTC Hyd & Others2021 SHC 1034 · Sindh High Court · 2021-02-22
  criminal revisionamalgamation of casesjoint trialde novo trialremand
  Summary & questions settled

  This criminal revision application is directed against the trial court's order amalgamating the applicant's case with that of a co-accused for a de novo trial following a remand order by the High Court. The core legal question concerns the legality of amalgamating trials of co-accused persons. The court held that under Section 239(a) of the Code of Criminal Procedure 1898, persons accused of the same offence committed in the course of the same transaction may be charged and tried together to avoid conflicting judgments. Consequently, the trial court committed no legal error in amalgamating the cases. The key principle laid down is that joint trials of co-accused involved in the same transaction are sanctioned by law and serve to prevent conflicting judicial outcomes.

  Questions settled

  • Can the trial court amalgamate the cases of co-accused for a joint trial following an order of remand?
  • Whether persons accused of the same offence committed in the course of the same transaction may be tried together under the Code of Criminal Procedure 1898?
  Read full judgment →
• Muhammad Shakir and another vs The State2022 YLR 760 · Sindh High Court · 2021-10-28
  extortionbhattaillegal weaponscall data recordon-the-spot arrestanti-terrorism actbenefit of the doubtreduction of sentence
  Summary & questions settled

  This criminal appeal challenges the conviction and sentence of the appellants under sections 385/386/34 of the Pakistan Penal Code 1860, section 23(i)-A of the Sindh Arms Act, and section 7 of the Anti-Terrorism Act 1997. The core legal questions involve the reliability of the prosecution's eyewitness and police testimonies, the corroboration derived from call data records (CDR) and mobile SIM recovery, and whether the acts constituted terrorism under the Anti-Terrorism Act 1997. The court held that the prosecution successfully proved the case beyond reasonable doubt regarding the extortion and illegal weapons possession through prompt FIR lodging, trustworthy on-the-spot arrests, and consistent evidence, but found that the offense did not fall within the purview of the Anti-Terrorism Act 1997 due to the absence of intent to create terror. The key principles laid down are that unblemished eyewitness and police testimony corroborated by forensic evidence suffices for conviction in extortion cases, and that ordinary criminal acts lacking terror design do not attract anti-terrorism laws.

  Questions settled

  • Whether uncorroborated police and eyewitness testimony is sufficient to sustain a conviction for extortion and illegal firearm possession?
  • Does an extortion demand accompanied by threats amount to terrorism under the Anti-Terrorism Act 1997 when no public terror is generated?
  • Can minor contradictions in prosecution evidence be ignored when the overall chain of events is unbroken and corroborated?
  • Whether call data records (CDR) and the recovery of a SIM card linked to an accused provide sufficient corroboration in an extortion case?
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• Muhammad Shahzad vs Province of Sindh & Others2021 SHC 1108 · Sindh High Court · 2021-11-11
  service matterdual employmentconcealment of material factstermination of servicedisciplinary proceedingswrit petition
  Summary & questions settled

  The petitioner, a Law Officer, challenged his removal from service by the Karachi Water and Sewerage Board (KW&SB) following allegations of dual employment with the Postal Department. The core legal question was whether the petitioner’s termination was lawful given his concealment of material facts regarding his dual employment and the procedural validity of the removal order. The petitioner argued that the signatory of the removal order had already retired and offered to refund the dual salary received. The Court held that the petition lacked merit, noting that the petitioner had admitted to holding dual employment and receiving dual salaries without disclosure or permission. The Court ruled that the concealment of material facts justified the termination, and the procedural objection regarding the signatory's retirement was insignificant given that the petitioner had been afforded due process, including show-cause notices and hearings. The principle established is that concealment of material facts, such as dual employment, constitutes valid grounds for termination, and procedural irregularities that do not prejudice the outcome of a properly conducted disciplinary process do not invalidate the removal.

  Questions settled

  • Does the concealment of material facts regarding dual employment constitute valid grounds for termination from government service?
  • Can a petitioner seek reinstatement after admitting to holding dual government employment and receiving dual salaries?
  • Does a procedural irregularity in the signing of a termination order invalidate the removal if the disciplinary process was otherwise conducted in accordance with law?
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• Muhammad Shahrukh and others vs The State2021 P Cr. L J 1826 · Sindh High Court · 2021-03-04
  murderanti-terrorismcriminal appealconfirmation casedeath sentenceimprisonment for lifebenefit of doubttargeted killing
  Summary & questions settled

  This matter arises from criminal appeals and a confirmation case directed against the judgment of the Anti-Terrorism Court convicting and sentencing the appellants for the murder of a journalist under sections of the Pakistan Penal Code and the Anti-Terrorism Act, 1997. The core legal questions involve the assessment of evidence and identification in a high-profile terrorist-related murder case registered initially against unknown persons. The court evaluated the prosecution evidence regarding the culpability of the convicted persons, absconders, and the acquittal of a co-accused. The holding and ratio decidendi center upon the scrutiny of eyewitness accounts, circumstantial evidence, and the application of anti-terrorism laws to targeted killings. The key principles laid down relate to the standard of proof required in capital punishment cases and the evaluation of evidence in tandem with the provisions of the Code of Criminal Procedure, 1898.

  Questions settled

  • Whether the conviction under the Pakistan Penal Code read with the Anti-Terrorism Act, 1997 is sustainable based on the evidence produced by the prosecution?
  • Can the death sentence awarded to absconding accused in absentia be confirmed without fulfilling the requisite legal standards?
  • On what grounds can a co-accused be acquitted by extending the benefit of the doubt in a terrorist-related murder case?
  • How should the trial court apply the provisions relating to compensation to the legal heirs of the deceased under the Code of Criminal Procedure, 1898?
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• Muhammad Shahid alias Japani vs The State2021 MLD 1536 · Sindh High Court · 2020-05-11
  criminal appealbenefit of doubtidentification paradeforensic evidencechain of custodydelayed FIRanti-terrorism
  Summary & questions settled

  This criminal appeal challenges the conviction and sentence of the appellant by the Anti-Terrorism Court for murder and terrorism-related offenses. The core legal question was whether the prosecution successfully established the appellant's identity as one of the perpetrators beyond a reasonable doubt. The Sindh High Court held that the prosecution failed to meet this burden. The court identified several critical deficiencies: an unexplained four-day delay in lodging the FIR; the sole eyewitness's inability to identify the culprits, who wore helmets; the inadmissibility of a retracted police confession; and the lack of reliable chain of custody for forensic evidence, specifically regarding firearm empties recovered eighteen months after the incident. Consequently, the court set aside the conviction, emphasizing that the appellant was entitled to the benefit of the doubt. The key principle laid down is that where the prosecution's case relies on circumstantial evidence like forensic matching, the integrity of the evidence chain must be strictly maintained, and unexplained delays in FIR registration, coupled with a lack of credible identification, necessitate acquittal.

  Questions settled

  • Does an unexplained delay in lodging an FIR adversely impact the prosecution's case?
  • Is a confession made to police while in custody admissible in evidence?
  • Can a conviction be sustained based on forensic matching of weapon empties when the chain of custody for those empties is not established?
  • Is the pointation of a crime scene by an accused relevant when the police already possess knowledge of that location?
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• Muhammad Shahbaz Chaudhry vs The State2021 SHC 102 · Sindh High Court · 2021-01-15
  pre-arrest bailattempted sodomydelayed FIRmala fidesfurther inquirypolitical rivalry
  Summary & questions settled

  This matter comes before the Sindh High Court through a criminal bail application filed under Section 498 of the Code of Criminal Procedure 1898, seeking pre-arrest bail after it was refused by the lower court. The applicants were accused of attempting to commit sodomy. The core legal question revolves around whether the applicants are entitled to pre-arrest bail in light of an unexplainable delay in lodging the First Information Report, delayed recording of witness statements, and alleged political rivalry. The court held that the unexplained delay in the FIR, the delayed Section 161 statements, and the existence of political rivalry made out a case for further inquiry and mala fides. Consequently, the court confirmed the interim pre-arrest bail granted to the applicants, laying down the principle that unexplained delays in criminal reporting combined with potential mala fides justify the confirmation of pre-arrest bail.

  Questions settled

  • Whether an unexplained delay in lodging the First Information Report makes out a case for pre-arrest bail?
  • Does a delay in recording statements under Section 161 of the Code of Criminal Procedure 1898 support the grant of pre-arrest bail?
  • Can political rivalry between parties be considered as a ground for establishing mala fides in criminal cases?
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• Muhammad Shafique vs The State2021 P Cr. L J 1553 · Sindh High Court · 2014-07-11
  post-arrest bailunlicensed pistolSindh Arms Actfurther inquirypolice witnessesrecovery memostatutory interpretation
  Summary & questions settled

  This is a post-arrest bail application filed by an accused charged under Section 23(1)(a) of the Sindh Arms Act, 2013, following the alleged recovery of an unlicensed pistol. The core legal question is whether the applicant is entitled to bail, considering the potential misapplication of the statute regarding the distinction between 'arms' and 'firearms' and the absence of independent witnesses. The Court held that the case requires further inquiry, as the prosecution charged the applicant under Section 23(1)(a) (applicable to firearms) rather than Section 24 (applicable to arms), and the recovery was witnessed solely by police officials without attempting to secure independent witnesses. The key principle laid down is that the categorization of weapons as 'arms' or 'firearms' under the Sindh Arms Act, 2013, is distinct, and charging an accused under the wrong provision, combined with the absence of independent witnesses in a recovery case, constitutes sufficient grounds for further inquiry, thereby entitling the accused to bail pending trial.

  Questions settled

  • Does the recovery of a pistol fall under the definition of 'arms' or 'firearms' under the Sindh Arms Act, 2013?
  • Can an accused be granted bail when the prosecution relies solely on police witnesses for the recovery of an alleged weapon?
  • Does the misapplication of a penal provision in a charge sheet constitute a ground for further inquiry in a bail application?
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• Raza Abbas @ Kouchi vs The State2021 SHC 172 · Sindh High Court · 2021-01-20
  post-arrest bailnarcoticsfurther inquirychemical examiner reportindependent witnessbail application
  Summary & questions settled

  This matter concerns a post-arrest bail application filed by the applicant, Raza Abbas @ Kouchi, who was charged with the possession of 2200 grams of charas. The applicant, having been denied bail by the Special Judge (Narcotic), approached the Sindh High Court under Section 497 of the Code of Criminal Procedure 1898. The core legal question was whether the applicant was entitled to bail pending trial, given the arguments regarding his alleged false implication, the lack of independent witnesses, and the pending chemical examiner's report. The Court held that the absence of independent witnesses, despite the police having prior information, combined with the delay in receiving the chemical examiner's report, constituted sufficient grounds to warrant the applicant's release on bail. The Court determined that the case against the applicant required further inquiry. Consequently, the Court admitted the applicant to bail, subject to the furnishing of a surety bond. The key principle laid down is that the absence of independent witnesses in a narcotics case, particularly when the police had prior knowledge of the incident, coupled with a delayed chemical examiner's report, justifies the grant of bail on the basis of further inquiry.

  Questions settled

  • Does the absence of an independent witness in a narcotics case, despite prior police information, justify the grant of bail?
  • Is the pendency of a chemical examiner's report a valid ground for releasing an accused on bail under the principle of further inquiry?
  • Can an accused be released on bail under Section 497 of the Code of Criminal Procedure 1898 if the prosecution's case lacks independent corroboration?
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• Muhammad Sallah Khan and another vs The State2021 P Cr. L J 1410 · Sindh High Court · 2021-02-18
  fair trialexpeditious trialprosecution lacunaeSection 540 Cr.P.C.witness recallcriminal revisionAnti-Terrorism Court
  Summary & questions settled

  This criminal revision application challenged an order of the Anti-Terrorism Court allowing the prosecution to examine witnesses previously given up during a protracted murder trial. The core legal question was whether the prosecution may repeatedly recall witnesses to fill evidentiary lacunae, and whether such practice violates the accused’s fundamental right to a fair and expeditious trial. The High Court held that the trial court erred by permitting the prosecution to fill gaps in its case, noting that the trial had been pending for over a decade with multiple de novo proceedings. The Court set aside the impugned order, prohibiting the examination of previously abandoned witnesses. It established that the trial court must act as a neutral umpire and that Section 540 of the Code of Criminal Procedure 1898 cannot be used as a routine mechanism to remedy prosecution failures or lack of preparation. The Court emphasized that the right to a fair and expeditious trial under Article 10-A of the Constitution of Pakistan 1973 precludes the prosecution from gaining unfair advantages through repeated trial restarts and witness recalls.

  Questions settled

  • Can the prosecution use Section 540 of the Code of Criminal Procedure 1898 to fill lacunae in its case after closing its side?
  • Does the repeated recalling of witnesses previously given up by the prosecution violate the accused's right to a fair and expeditious trial?
  • Is a trial court required to separate the trial of newly arrested accused from those whose trial has already been completed to ensure an expeditious trial?
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