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. 232,594 judgments in total.

• Zubair Ahmed vs Sindh Environmental Protection Agency through Chief2023 CLD 1094 · Sindh High Court · 2023-02-02Read full judgment →
• Zubaida Khanum vs District Police Officer Etc2023 LHC 2106 · Lahore High Court · 2023-04-21Read full judgment →
• Zohaib Hussain S/O Asghar Hussain vs The State2023 SHC 524 · Sindh High Court · 2023-07-05Read full judgment →
• Zia-ur-Rehman vs The State2023 PHC 125 · Peshawar High Court · 2023-04-17Read full judgment →
• Zia-ud-Din and others vs Malik Hamayun Irfan and others2023 CLC 1875 · Lahore High Court · 2022-09-27Read full judgment →
• Zer Ajam Khan vs Govt. of Khyber Pakhtunkhwa & others2023 PHC 183, 2024 PLC (C.S.) 283 · Peshawar High Court · 2023-05-02
  constitutional jurisdictionservice matterseniority disputecivil servantouster of jurisdictionterms and conditions of serviceservice tribunal
  Summary & questions settled

  This constitutional petition was filed by a Drawing Master seeking to challenge the seniority list prepared by the Education Department, arguing that seniority should be determined by the date of first appointment rather than the date of taking charge. The core legal question was whether the High Court possesses jurisdiction under Article 199 of the Constitution to adjudicate a dispute concerning the seniority of a civil servant, given the constitutional bar on such matters. The Court dismissed the petition, holding that the dispute regarding seniority pertains to the terms and conditions of service of a civil servant. Relying on Article 212 of the Constitution, the Court affirmed that the jurisdiction of the High Court is ousted in matters relating to the terms and conditions of service, which fall within the exclusive domain of the relevant Service Tribunal. The key principle laid down is that Article 212 of the Constitution creates an express constitutional mandate that precludes High Courts from entertaining petitions concerning the terms and conditions of service of civil servants, as such matters must be adjudicated by the appropriate Service Tribunal.

  Questions settled

  • Does the High Court have jurisdiction under Article 199 of the Constitution to adjudicate a dispute regarding the seniority of a civil servant?
  • Are matters relating to the seniority of a civil servant considered part of the terms and conditions of service?
  • Does Article 212 of the Constitution oust the jurisdiction of the High Court in matters pertaining to the terms and conditions of service of civil servants?
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• Zeeshan Shaikh vs Federation of Pakistan through Secretary, Interior2023 PSC 133 · Supreme Court of Pakistan · 2022-01-10
  Federal Investigation Agencyseniority listservice tribunalcadre bifurcationImmigration wingInvestigation groupleave to appeal
  Summary & questions settled

  This petition assails the judgment of the Federal Service Tribunal which dismissed the petitioner's appeal regarding the seniority list of the Federal Investigation Agency. The core legal question was whether the Immigration wing and the Investigation group of the Federal Investigation Agency constitute separate distinct cadres or a single combined group under the relevant rules, and whether a combined seniority list is lawful. The Supreme Court held that under rule 12 of the Federal Investigation Agency (Appointment, Promotion and Transfer) Rules, 1975, only the Federal Government has the power to add to or modify the specified groups, and since no separate Immigration group has been validly created by the Federal Government, the Immigration officers form part of the Investigation group. Consequently, the Court dismissed the petition, holding that the combined seniority list was in accordance with the law.

  Questions settled

  • Whether the Immigration wing and the Investigation group of the Federal Investigation Agency constitute a single combined group or separate cadres under the Federal Investigation Agency (Appointment, Promotion and Transfer) Rules, 1975?
  • Does the Director General or the Additional Director General's Committee of the Federal Investigation Agency have the power to create a separate distinct group under the Federal Investigation Agency (Appointment, Promotion and Transfer) Rules, 1975?
  • Whether a combined seniority list including both Immigration and Investigation personnel accords with rule 12 of the Federal Investigation Agency (Appointment, Promotion and Transfer) Rules, 1975?
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• Zeeshan Iftikhar alias Shani vs The State and others2023 YLR 1691 · Lahore High Court · 2022-12-08
  Qatl-e-Amdbenefit of doubtocular accountsuppression of evidenceadverse inferencefair trialcriminal appeal
  Summary & questions settled

  This criminal appeal challenges the conviction and sentence of the appellant for the offence of Qatl-e-Amd under Section 302(b) of the Pakistan Penal Code 1860. The core legal questions concern the reliability of the ocular account provided by the prosecution witnesses and whether the prosecution's failure to produce an injured witness, whose presence was natural, warrants an acquittal. The Court held that the prosecution failed to prove its case beyond reasonable doubt. The presence of the alleged eye-witnesses at the scene was found to be highly doubtful, and the prosecution deliberately suppressed the testimony of the injured proprietor of the showroom, attracting an adverse inference under Article 129(g) of the Qanun-e-Shahadat Order 1984. Furthermore, the trial court failed to exercise its discretionary power under Section 540 of the Code of Criminal Procedure 1898 to summon essential witnesses. The key principle laid down is that the benefit of doubt is a right of the accused, not a grace, and trial courts must proactively exercise their powers to ensure a fair trial when essential evidence is withheld.

  Questions settled

  • Does the failure of the prosecution to produce an injured witness whose presence was natural at the scene of the crime warrant an adverse inference under Article 129(g) of the Qanun-e-Shahadat Order 1984?
  • Is a trial court obligated to exercise its discretionary power under Section 540 of the Code of Criminal Procedure 1898 when evidence is essential for the just decision of a case?
  • Can a conviction be sustained solely on the basis of ocular testimony when the presence of the eye-witnesses at the place of occurrence is found to be doubtful?
  • Is the benefit of doubt a matter of grace or a right of the accused in criminal jurisprudence?
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• Zeeshan Hafeez vs The State and another2023 PCRLJ 1401 · Peshawar High Court · 2022-06-27
  post-arrest bailqatl-bis-sababdiyatprohibitory clausetraffic accident
  Summary & questions settled

  This matter comes before the Peshawar High Court through a petition filed by Zeeshan Hafeez seeking post-arrest bail in case FIR No. 365 registered under sections 279 and 322 of the Pakistan Penal Code 1860 at Police Station Havelian, District Abbottabad, following a fatal traffic accident. The core legal question is whether an offence punishable under section 322 of the Pakistan Penal Code 1860 falls within the prohibitory clause of section 497 of the Code of Criminal Procedure 1898 and whether pre-trial incarceration is justified when the primary punishment prescribed is Diyat rather than imprisonment. The court held that section 322 of the Pakistan Penal Code 1860 falls outside the prohibitory clause of section 497 of the Code of Criminal Procedure 1898, as it does not entail a punishment of imprisonment, and continued incarceration during trial would amount to pre-trial punishment and double jeopardy since pre-sentence custody cannot be set off under section 382-B of the Code of Criminal Procedure 1898 against a Diyat liability. The court laid down the principle that an accused charged with an offence punishable solely by Diyat is ordinarily entitled to bail as of right, as keeping them in confinement during trial serves no legal purpose.

  Questions settled

  • Does an offence of qatl-bis-sabab punishable under section 322 of the Pakistan Penal Code 1860 fall within the prohibitory clause of section 497 of the Code of Criminal Procedure 1898?
  • Is an accused charged under section 322 of the Pakistan Penal Code 1860 entitled to post-arrest bail as of right?
  • Can the period of under-trial incarceration be adjusted against the payment of Diyat under section 382-B of the Code of Criminal Procedure 1898?
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• Zeeshan Ali Khan vs The Ombudsperson and others2023 IHC 68 · Islamabad High Court · 2023-04-06Read full judgment →
• Zeeshan Afzal vs Qaiser Ali and others2023 PLD Peshawar 99 · Peshawar High Court · 2022-03-03Read full judgment →
• Zedco vs Terumo Bct Asia Pte Ltd & Others2023 SHC 437 · Sindh High Court · 2023-07-07Read full judgment →
• Zarshad vs The State & another2023 PHC 203, 2024 PCRLJ 546 · Peshawar High Court · 2023-05-09
  criminal appealocular testimonychance witnessmedical evidencebenefit of doubtabscondenceFIR reliabilityexaggeration of accused
  Summary & questions settled

  This criminal appeal challenges the conviction of the appellant for murder and attempted murder. The core legal question concerns whether the prosecution proved its case beyond reasonable doubt, specifically regarding the reliability of ocular testimony, the validity of the FIR, and the sufficiency of evidence in the presence of conflicting medical reports and exaggerated accusations. The Court held that the prosecution failed to establish the guilt of the appellant. It found that the eyewitnesses were 'chance witnesses' whose presence was not satisfactorily explained, and the complainant’s condition at the time of the FIR raised doubts about his capacity to report the incident. Furthermore, the Court noted that the medical evidence contradicted the ocular account, and the prosecution failed to prove the motive or reconcile the number of accused persons with the injuries sustained. The key principle laid down is that where ocular testimony is unreliable and conflicts with medical evidence, and where the prosecution exaggerates the number of accused, the benefit of the doubt must be extended to the accused, rendering abscondence insufficient for conviction.

  Questions settled

  • Can abscondence of an accused be sufficient ground for conviction in the absence of strong substantive evidence?
  • Does the failure of a scribe to obtain a medical certificate regarding the fitness of an injured complainant to report an FIR create doubt in the prosecution's case?
  • Is the testimony of a chance witness acceptable without a satisfactory explanation of their presence at the scene of the crime?
  • What is the legal consequence when medical evidence conflicts with the ocular account provided by witnesses?
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• Zarghoon Shah vs The State etc2023 PHC 309 · Peshawar High Court · 2023-06-01Read full judgment →
• Zarai Tarqiati Bank Limited through Manager vs Afzal Shah2023 CLD 165 · Lahore High Court · 2022-09-07Read full judgment →
• Zarai Taraqiyati Bank Limited through Incharge, Legal Litigation Unit, Peshawar vs Muzaffar Khan2023 CLD 1339 · Peshawar High Court · 2022-07-19Read full judgment →
• Zarai Taraqiati Bank Limited through President and others vs Sarfraz Khan Jadoon and others2023 PLC (C.S) 724 · Supreme Court of Pakistan · 2021-06-10
  service lawprospective operation of judgmentsfinancial benefitspromotions withdrawncondonation of delaycivil appeal
  Summary & questions settled

  This civil appeal arises from a judgment of the Peshawar High Court, which partly allowed a writ petition challenging an Office Memorandum issued by the appellant bank. The High Court restrained the bank from recovering or adjusting financial benefits already paid to respondents pursuant to promotions that were subsequently withdrawn by the Supreme Court in an earlier judgment. Leave to appeal was granted to examine whether the High Court erred in allowing the retention of such benefits. The Supreme Court examined the import of the term 'hereby' in the previous judgment and reiterated that judicial pronouncements operate prospectively unless expressly stated otherwise. The Court held that since the withdrawal of promotions was made effective from the date of the judgment itself, the employees were entitled to retain the financial benefits received prior thereto. Consequently, the appeal was dismissed, and a companion time-barred civil petition was also dismissed due to an unexplained delay.

  Questions settled

  • Whether judgments of courts operate prospectively regarding the withdrawal of promotional benefits?
  • Can financial benefits received pursuant to promotions be recovered after the promotions are set aside?
  • What constitutes sufficient cause for the condonation of a substantial delay of over 500 days in filing a civil petition?
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• Zamurad Khan vs Ghulam Rabani and 3 others2023 MLD 733 · Peshawar High Court · 2022-11-15Read full judgment →
• Zamin Ullah vs The State and another2023 PHC 400 · Peshawar High Court · 2023-09-14Read full judgment →
• Zameer Ahmed Mahar vs The State2023 SHC 1128 · Sindh High Court · 2023-12-01
  murderocular evidenceabscondencecriminal appealappreciation of evidenceFIR delayforensic evidence
  Summary & questions settled

  This criminal appeal challenges a conviction and sentence of life imprisonment under Section 302(b) of the Pakistan Penal Code 1860 for the murder of the complainant's son. The core legal questions concern whether the prosecution proved the appellant's guilt beyond reasonable doubt, despite the defence's arguments regarding material discrepancies in ocular evidence, a two-day delay in FIR registration, the absence of forensic reports for recovered empties, and the lack of weapon recovery. The Court held that the prosecution successfully established the appellant's guilt through consistent and credible eyewitness testimony, which remained unshaken during cross-examination. The Court clarified that an FIR is not a document required to contain every minute detail of an incident, and that the absence of a forensic report for empties is immaterial when the accused has absconded for years, preventing the recovery of the weapon for comparison. The Court affirmed that long abscondence, when coupled with unimpeachable eyewitness testimony, supports a finding of guilt. The conviction was upheld, dismissing the appeal.

  Questions settled

  • Does the absence of a forensic report regarding recovered bullet empties automatically entitle an accused to acquittal when the weapon was never recovered due to the accused's long abscondence?
  • Is an FIR required to contain every minute detail of an incident to be considered credible?
  • Can a non-cognizable (NC) report recorded by a police official be treated as a substitute for an FIR in a cognizable offence?
  • Does the long abscondence of an accused, when coupled with consistent eyewitness testimony, support a finding of guilt?
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• Zakir Mehmood vs Secretary, Ministry of Defence (D.P), Pakistan2023 SCP 117 · Supreme Court of Pakistan · 2023-04-12
  Federal Service Tribunalimposition of costsspecial costsSection 12(2) CPCfrivolous litigationappellate civil court powersCosts of Litigation Act 2017
  Summary & questions settled

  This matter before the Supreme Court of Pakistan arose from a petition for leave to appeal challenging an order of the Federal Service Tribunal that dismissed the petitioner's application under Order Section 12(2) of the Code of Civil Procedure 1908 with costs of Rs. 50,000. The petitioner had engaged in prolonged, repeated litigation following his compulsory retirement for misconduct. The core legal question was whether the Federal Service Tribunal, while deciding an appeal or an application under Section 12(2) of the Code of Civil Procedure 1908, possesses the power to award costs. The Supreme Court held that under Section 5(2) of the Service Tribunals Act 1973, the Tribunal is deemed to be an appellate civil court with all corresponding powers under the Code of Civil Procedure 1908. In Islamabad, under the Costs of Litigation Act 2017, Section 35B allows civil courts and the Tribunal to impose special costs without an upper limit to deter frivolous proceedings. Finding the imposition of costs justified, the Court dismissed the petition.

  Questions settled

  • Does the Federal Service Tribunal have the power to award costs when deciding an appeal or an application under Section 12(2) of the Code of Civil Procedure 1908?
  • Does Section 5(2) of the Service Tribunals Act 1973 confer upon the Federal Service Tribunal the powers of a first appellate civil court under the Code of Civil Procedure 1908?
  • Can special costs be imposed without an upper financial limit under Section 35B of the Code of Civil Procedure 1908 as amended by the Costs of Litigation Act 2017?
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• Zakir Mehmood vs Secretary, Ministry of Defence (D.P), Pakistan2023 PLC (C.S.) 1030 · Supreme Court of Pakistan · 2023-04-12
  Federal Service Tribunalcosts of litigationfrivolous litigationvexatious applicationspecial costscivil court powersservice appeal
  Summary & questions settled

  This petition for leave to appeal challenges an order of the Federal Service Tribunal, which imposed costs of Rs. 50,000 on the petitioner for filing a vexatious application under Section 12(2) of the Code of Civil Procedure 1908. The core legal question addressed is whether the Federal Service Tribunal, while deciding an appeal or application under the Service Tribunals Act 1973, possesses the authority to award costs. The Supreme Court held that the Tribunal, being deemed a civil court under Section 5(2) of the Service Tribunals Act 1973, exercises the powers of a first appellate civil court. Consequently, it is empowered to award actual, compensatory, and special costs under the Code of Civil Procedure 1908 and the Costs of Litigation Act 2017. The Court established the principle that tribunals must regularly exercise their power to impose reasonable costs to curb frivolous and vexatious litigation. This practice is essential to promote fairness, deter baseless claims, encourage settlements, and ensure the efficient use of judicial resources by preventing the abuse of court processes.

  Questions settled

  • Does the Federal Service Tribunal have the power to award costs when deciding an appeal or application?
  • Can the Federal Service Tribunal exercise the powers of a first appellate civil court under the Code of Civil Procedure 1908?
  • Is the Federal Service Tribunal empowered to impose special costs under the Costs of Litigation Act 2017?
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• Zakir Hussain Samo vs The Province of Sindh & others2023 SHC 1170, 2025 PLC (C.S.) 634 · Sindh High Court · 2023-12-18
  proforma promotioncivil servantright to be considered for promotionadministrative delaymaintainability of petitionsuperannuationservice tribunal jurisdiction
  Summary & questions settled

  This constitutional petition concerns a civil servant seeking directions for the issuance of a final seniority list and consideration for promotion to the post of Additional Director (BPS-19) prior to his superannuation. The core legal questions were whether the petition was maintainable despite the bar under Article 212 of the Constitution of Islamic Republic of Pakistan 1973, and whether the petitioner was entitled to proforma promotion due to administrative delays in convening the Departmental Promotion Committee. The Court held that while a civil servant possesses no vested right to promotion, they maintain a legal right to be considered for it. The Court determined that the petition was maintainable because no final departmental order regarding fitness had been passed, thus precluding the Service Tribunal's jurisdiction. The Court allowed the petition, directing the authorities to consider the petitioner for proforma promotion. The key principle laid down is that administrative negligence, such as delays in finalizing rules or convening selection boards, cannot prejudice an eligible employee; where such delays cause an employee to reach superannuation without consideration, they are entitled to be considered for proforma promotion with consequential benefits.

  Questions settled

  • Does a civil servant have a vested right to be promoted to a higher grade?
  • Can a civil servant claim proforma promotion if administrative delays prevented their consideration for promotion before retirement?
  • Is a petition maintainable in the High Court when no final order regarding a civil servant's fitness for promotion has been passed by the departmental authority?
  • Does the Service Tribunal have jurisdiction to hear a grievance regarding the failure of a department to convene a promotion committee meeting?
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• Zakir Hussain Khokhar vs Assistant Commissioner Tando Allahyar and 22023 CLC 723 · Sindh High Court · 2022-07-21Read full judgment →
• Zakia Bibi Computer Lab Assistant vs Azad Government through Chief2023 PLC (C.S.) 248 · High Court of Azad Jammu and Kashmir · 2022-01-17
  service matterwrit jurisdictioncivil servantouster of jurisdictioninfructuous petitiontransfer and postingService Tribunal
  Summary & questions settled

  This writ petition was filed under Article 44 of the Azad Jammu and Kashmir Interim Constitution, 1974, challenging a proposal dated 23.11.2021 regarding the petitioner's posting as a Computer Lab Assistant. The petitioner sought to prevent her transfer, while the intervener argued that the petition was infructuous because the underlying order had already been suspended by the Service Tribunal, where the petitioner was already a party. The core legal question was whether the High Court has jurisdiction to entertain a writ petition regarding the service matters of a civil servant, specifically concerning transfer and posting, given the constitutional bar. The Court held that the petition was infructuous and not maintainable. It affirmed the principle that the High Court's jurisdiction under Article 44 is ousted by Article 47 of the Azad Jammu and Kashmir Interim Constitution, 1974, in service matters. The Court emphasized that even if an order is alleged to be void ab initio, a civil servant must challenge it before the Service Tribunal, not through the High Court's extraordinary writ jurisdiction.

  Questions settled

  • Does the High Court have jurisdiction under Article 44 of the Azad Jammu and Kashmir Interim Constitution, 1974 to adjudicate service matters of civil servants?
  • Can a civil servant challenge an order of transfer or posting in the High Court if the order is alleged to be void ab initio?
  • Is a writ petition maintainable when the subject matter is already pending before the Service Tribunal and the impugned order has been suspended?
  Read full judgment →
• Zaka Ud Din Malik vs Federation of Pakistan, etcPTCL 2023 CL. 345 · Lahore High Court · 2023-01-23Read full judgment →
• Zaka ud Din Malik vs Federation of Pakistan and others2023 PTD 268 · Lahore High Court · 2022-01-23
  Capital Value TaxLegislative CompetenceFederal Legislative ListConstitutional PetitionExtraterritorialityProvincial AutonomyStatutory Interpretation
  Summary & questions settled

  This matter concerns constitutional petitions challenging the validity of Section 8(2)(b) of the Finance Act, 2022, which imposes a Capital Value Tax on foreign assets of resident individuals. Petitioners argued that the Parliament lacked legislative competence to tax foreign assets, particularly immovable property, contending that such taxation falls exclusively within the provincial domain under Entry 50 of the Federal Legislative List of the Constitution of the Islamic Republic of Pakistan, 1973. The core legal questions were whether the Parliament could tax foreign assets and whether the exclusionary clause regarding immovable property in Entry 50 invalidated the levy. The Lahore High Court dismissed the petitions, holding that the impugned provision is intra vires. The Court established that Entry 50 creates two distinct tax categories: taxes on the capital value of assets (Federal) and taxes on immovable property (Provincial). It held that the tax in question is a levy on the capital value of assets of a resident individual, not a direct tax on the corpus of immovable property. Consequently, the Parliament acted within its legislative competence, and the tax does not violate constitutional principles regarding extraterritoriality or provincial autonomy.

  Questions settled

  • Does the Parliament have the legislative competence to impose a tax on the capital value of foreign assets held by resident individuals under Entry 50 of the Federal Legislative List?
  • Does the exclusionary clause 'not including tax on immovable property' in Entry 50 of the Fourth Schedule of the Constitution of the Islamic Republic of Pakistan, 1973, render the federal taxation of capital value of assets unconstitutional?
  • Is a tax imposed on the capital value of assets of a resident individual legally distinct from a tax on the corpus of immovable property?
  • Can the Parliament enact legislation having extraterritorial operations regarding the taxation of foreign assets of resident individuals?
  Read full judgment →
• Zainab Bibi (deceased), through Legal Representatives vs Abdul Aziz2023 LHC 6187 · Lahore High CourtRead full judgment →
• Zain S/O Muhammad Rafiq vs The State2023 SHC 622 · Sindh High Court · 2023-07-31Read full judgment →
• Zain Ali vs The State2023 SCP 222, PLJ 2024 SC (Cr.C.) 103, 2023 SCMR 1669 · Supreme Court of Pakistan · 2023-07-24
  narcotic possessionchain of custodypolice witness testimonyControl of Narcotic Substances Actburden of proofcriminal appealchemical examiner report
  Summary & questions settled

  The appellant challenged his conviction under Section 9(c) of the Control of Narcotic Substances Act, 1997, for transporting 563 kilograms of charas and 1500 grams of opium. The core legal questions concerned the reliability of police official witnesses in the absence of independent public witnesses and whether the chain of custody for narcotics samples was compromised. The Supreme Court dismissed the appeal, holding that the conviction was sound. The Court affirmed that police testimony is inherently credible and does not require independent corroboration unless specific grounds for distrust exist. Furthermore, the Court held that minor contradictions do not vitiate the prosecution's case. Regarding the chain of custody, the Court clarified that the Control of Narcotic Substances (Government Analysts) Rules, 2001 are directory rather than mandatory, and that the prosecution successfully established the safe transmission of samples to the Chemical Examiner. The Court emphasized that under Section 29 of the Control of Narcotic Substances Act, 1997, the burden of proof shifts to the accused once the prosecution establishes the recovery of narcotics.

  Questions settled

  • Is the testimony of police officials insufficient to sustain a conviction without independent public witnesses?
  • Are the Control of Narcotic Substances (Government Analysts) Rules, 2001, mandatory or directory in nature?
  • Does the burden of proof shift to the accused under Section 29 of the Control of Narcotic Substances Act, 1997, once the prosecution establishes the recovery of narcotics?
  • Do minor contradictions in prosecution evidence automatically invalidate a conviction?
  Read full judgment →
• Zaidar Khan and others vs Fazal Karim and others2023 YLR 838 · Peshawar High Court · 2022-09-22Read full judgment →
• Zaid Asif Awan, Assistant Director Horticulture (Additional Charge)2023 PLJ AJ&K 98 · High Court of Azad Jammu and KashmirRead full judgment →
• Zaibo and others vs Habibullah and 2 others2023 CLC 1531 · Balochistan High Court · 2021-07-02Read full judgment →
• Zaib Noor & others vs Adjutant General Pay and Pension Branch, GHQ2023 PHC 92, 2024 YLR 257 · Peshawar High Court · 2023-04-04Read full judgment →
• Zahoor son of Atlas Khan, r/o Bhaddni, Balu Akbarpura, District Nowshera.2023 PHC 430 · Peshawar High CourtRead full judgment →
• Zahoor Ahmed vs Zafar Abbas and another2023 YLR 452 · Lahore High Court · 2022-01-31Read full judgment →
• Zahoor Ahmed and another vs The State2023 MLD 594 · Sindh High Court · 2020-12-15
  abduction for ransomdelay in FIRbenefit of doubtadverse inferenceanti-terrorism actcriminal appealacquittal
  Summary & questions settled

  These criminal jail appeals challenged the convictions and life sentences imposed on the appellants by the trial court under Section 365-A and Section 395 of the Pakistan Penal Code 1860, read with Section 7 of the Anti-Terrorism Act 1997, for alleged abduction for ransom and robbery. The core legal questions centered on whether an unexplained four-month delay in lodging the First Information Report, coupled with major material contradictions in witness testimony and non-production of crucial evidence, created reasonable doubt regarding the prosecution's case. The High Court allowed the appeals and acquitted the appellants. The Court held that while delays in FIRs may be understandable during captivity in abduction cases, an unexplained post-recovery delay of one and a half months severely undermined prosecution credibility. Furthermore, the failure to examine the key witness to the alleged ransom payment gave rise to an adverse inference under Article 129(g) of the Qanun-e-Shahadat Order 1984. The Court reaffirmed that where material doubt exists, the benefit of doubt must extend to the accused.

  Questions settled

  • Does an unexplained delay in lodging an FIR post-recovery of an abductee create reasonable doubt in the prosecution's case?
  • Does the failure to examine a material witness to a ransom payment attract an adverse inference under Article 129(g) of the Qanun-e-Shahadat Order 1984?
  • Can a conviction for abduction for ransom be sustained when key witnesses contradict each other and no proof of ransom payment is produced?
  Read full judgment →
• Zahir Zakir Jaffar, The State vs The State, Zahir Zakir Jaffar2023 IHC 160 · Islamabad High Court · 2023-03-13
  capital punishmentmurder referencerapeabductionCCTV footageelectronic evidencelast seen theoryunsoundness of mindabetmentappeal against acquittal
  Summary & questions settled

  This consolidated judgment by the Islamabad High Court decides multiple criminal appeals and murder references arising from the brutal murder and rape of Noor Mukaddam. The core legal questions involved the reliability of circumstantial and electronic evidence (CCTV footage via DVR), the admissibility and evidentiary value of Call Data Records (CDR) and forensic reports, the validity of pleas regarding unsoundness of mind under section 465 of the Code of Criminal Procedure 1898, and the culpability of co-accused domestic staff and acquitted parents. The court upheld the conviction and capital punishment of the prime accused, Zahir Zakir Jaffar, for murder and enhanced his sentence for rape, while maintaining the convictions of co-accused domestic helpers for abetment and abduction. The appeals challenging the acquittal of the parents and other co-accused were dismissed. The key principles laid down include the admissibility and high probative value of unedited CCTV footage under Article 164 of the Qanoon-e-Shahadat Order 1984, the parameters for establishing 'last seen' evidence, and the legal requirement for a prima facie opinion before initiating an inquiry into an accused's mental incapacity.

  Questions settled

  • Is CCTV footage stored on a DVR admissible as electronic evidence under Article 164 of the Qanoon-e-Shahadat Order 1984 without examining the original maker of the recording, provided a forensic report verifies its integrity?
  • Whether the absence of motive or failure to prove motive operates as an absolute mitigating factor for converting a death sentence into life imprisonment in a murder case?
  • What is the legal threshold and procedure required for a court to entertain and conduct an inquiry into an application under section 465 of the Code of Criminal Procedure 1898 regarding the accused's unsoundness of mind?
  • Does the 'last seen' theory alone suffice to sustain a murder conviction, or must it be corroborated by additional incriminating circumstances such as forensic evidence and recoveries?
  • What evidentiary value do Call Data Records carry when the representatives of the cellular companies are not produced in evidence to vouch for their veracity?
  Read full judgment →
• Zahid, Mir Alam vs State & others, Asmat Ullah & others2023 SC AJK 56 · Supreme Court of Azad Jammu and Kashmir · 2023-08-16Read full judgment →
• Zahid Sarfaraz Gill vs The State2023 SCP 369, PLJ 2024 SC (Cr.C.) 8, 2024 SCMR 934 · Supreme Court of Pakistan · 2023-11-22
  post-arrest bailnarcotics controlfurther inquirymodern devices and techniquesvideo recording of arrestcharas recoverypolice investigation
  Summary & questions settled

  This matter arises from a petition for leave to appeal seeking pre-arrest or post-arrest bail in a narcotics case involving the recovery of 1833 grams of charas under the Control of Narcotic Substances Act, 1997. The core legal question concerned whether the circumstances of the case, including allegations of mala fide and the absence of independent witnesses or modern recording techniques during a daylight public arrest, warranted the grant of bail. The Supreme Court converted the petition into an appeal and allowed it, granting bail to the petitioner on the ground that the case constituted one of further inquiry. The Court laid down the key principle that while section 25 of the Control of Narcotic Substances Act excludes the strict requirement of local inhabitants under section 103 of the Code of Criminal Procedure, investigating agencies like the police and the Anti-Narcotics Force ought to utilize modern devices and techniques, such as mobile phone cameras to photograph and video record searches, seizures, and arrests pursuant to Articles 164 and 165 of the Qanun-e-Shahadat, 1984, to ensure credible evidence, prevent false implication, and curb delays in trials.

  Questions settled

  • Whether the recovery of a commercial quantity of narcotics precludes the grant of bail when the circumstances of the arrest present a case of further inquiry?
  • Can the police and Anti-Narcotics Force utilize mobile phone cameras to record searches and seizures under the Qanun-e-Shahadat, 1984?
  • Does section 25 of the Control of Narcotic Substances Act, 1997 exclude the application of section 103 of the Code of Criminal Procedure, 1898 regarding local witnesses?
  Read full judgment →
• Zahid Saleem vs Mst. Gulshan Shaukat etc2023 LHC 3004 · Lahore High Court · 2023-05-16Read full judgment →
• Zahid Khan vs The State2023 PCRLJ 367 · Peshawar High Court · 2022-07-28
  extortionbhattaterrorist fundingcall data recordbenefit of doubtcriminal intimidationanti-terrorism
  Summary & questions settled

  The appellant challenged his conviction and sentences passed by the Special Judge, Anti-Terrorism Court-1, Peshawar, under sections 387, 506, 419, and 34 of the Pakistan Penal Code 1860, Section 25-D of the Telegraph Act 1885, and Section 7(h) of the Anti-Terrorism Act 1997. The prosecution's case rested on alleged threatening phone calls demanding extortion (Bhatta) under the guise of donations for widows and orphans. The High Court observed that the prosecution failed to produce cogent evidence linking the SIM card used for the calls to the appellant. Furthermore, the star witnesses, including the complainant, did not identify the appellant as the caller and admitted that the caller requested donations rather than extortion. Finding material contradictions and a lack of connection between the appellant and the alleged offences, the High Court held that the prosecution failed to prove its case beyond reasonable doubt. Consequently, the Court allowed the appeal, set aside the conviction, and acquitted the appellant.

  Questions settled

  • Can a conviction for extortion under Section 387 of the Pakistan Penal Code 1860 be sustained solely on call data records without proving the ownership or exclusive use of the SIM card by the accused?
  • Whether a request for donations for widows and orphans, in the absence of evidence showing it was a cover for extortion, can be treated as a demand for Bhatta?
  • Does the failure of the complainant and key witnesses to identify the accused as the caller create a reasonable doubt sufficient for acquittal?
  Read full judgment →
• Zahid Khan etc. vs Muhammad Ahsan etc.2023 LHC 5167, 2024 MLD 396 · Lahore High Court · 2023-10-13Read full judgment →
• Zahid Hussain vs Senior Civil Judge etc2023 LHC 2547 · Lahore High Court · 2023-01-09Read full judgment →
• Zahid Hussain and others vs The State2023 SHC 846 · Sindh High Court · 2023-10-09
  post-arrest bailpre-arrest bailfurther inquiryprohibitory clausemedical discrepancycross casesattempt to commit qatl-e-amd
  Summary & questions settled

  This judgment addresses two connected bail applications arising from a single crime registered at Police Station Badin, involving offences under sections 324, 147, 148, 149, 337-A (i), and 504 of the Pakistan Penal Code 1860, where three applicants sought pre-arrest bail and two sought post-arrest bail. The core legal question was whether the applicants were entitled to bail considering the nature of the injuries attributed to them, discrepancies between the medical and ocular accounts, previous litigation between the parties, and the applicability of the prohibitory clause of section 497 of the Code of Criminal Procedure 1898. The Sindh High Court held that the case called for further inquiry under section 497(2) of the Code of Criminal Procedure 1898 due to discrepancies in the medical evidence, prior cross-involvement, and the bailable nature of most charged sections, confirming the pre-arrest bail for three applicants and granting post-arrest bail to the remaining two. The key principle laid down is that where medical evidence contradicts the ocular account regarding the weapon used and previous enmity is established, a case for further inquiry is made out, warranting the grant of bail.

  Questions settled

  • Whether discrepancies between the ocular account and the medical certificate regarding the weapon used create a case for further inquiry under section 497(2) of the Code of Criminal Procedure 1898?
  • Does an injury punishable with arsh and up to ten years imprisonment fall within the prohibitory clause of section 497(1) of the Code of Criminal Procedure 1898?
  • Can previous registration of an FIR by an accused against the complainant party serve as a ground for considering false implication in a bail application?
  Read full judgment →
• Zahid Ali vs Federation of Pakistan through Secretary, Ministry of Overseas2023 IHC 93, 2023 PLJ Islamabad 382, 2023 PLC (C.S.) 1091 · Islamabad High Court · 2023-06-01
  quo warrantopublic appointmentmerit-based recruitmentservice rulesWorkers Welfare Fundwritten testjudicial discretionmalice in law
  Summary & questions settled

  This petition sought a writ of quo warranto to challenge the appointments of four respondents within the Workers Welfare Fund (W.W.F.), alleging procedural irregularities and lack of merit. The core legal questions concerned whether the appointments violated the Workers' Welfare Fund (Employees Service) Rules 1997, specifically regarding the necessity of written tests and adherence to recruitment procedures. The Court held that the appointments were valid, finding that the petitioner was motivated by malice and personal grudge arising from pending disciplinary proceedings against him. The Court emphasized that quo warranto is a discretionary remedy that should be refused if the petitioner lacks bona fides. Regarding the merits, the Court ruled that while a written test is highly desirable for transparency and meritocracy in public appointments, it cannot be judicially imposed where the governing rules do not explicitly mandate it. The Court concluded that in the absence of proof of illegality, appointments made through interviews by a selection committee remain valid, though it advised the W.W.F. to incorporate written tests in future recruitment processes to ensure transparency.

  Questions settled

  • Can a writ of quo warranto be issued if the petitioner is motivated by malice or personal vendetta?
  • Are appointments in the Workers Welfare Fund illegal solely because they were made without a written test where the governing rules do not explicitly mandate one?
  • Does the court have the authority to read a requirement for a written test into service rules that do not expressly provide for it?
  • Can past and closed transactions regarding the regularization of employees be disturbed in a writ of quo warranto?
  Read full judgment →
• Zahid Ali Mlirjat vs The State2023 SHC 315 · Sindh High Court · 2023-05-11Read full judgment →
• Zahhid Rashid vs Federation of Pakistan through Secretary to the Prime2023 PLC (C.S.) 251 · Islamabad High Court · 2022-09-16
  civil servantpromotionsupersessiondefermentCentral Selection BoardintegrityPerformance Evaluation Reportdisciplinary proceedingsconstitutional jurisdiction
  Summary & questions settled

  This writ petition filed before the Islamabad High Court challenges the decision of the Central Selection Board recommending the supersession of the petitioner, a civil servant, for promotion from BPS-19 to BPS-20. The core legal questions involve whether the mere pendency of disciplinary proceedings or inquiries can serve as a valid ground to deny promotion or recommend supersession, and whether the Central Selection Board can award zero marks for integrity without tangible documentary evidence contradicting the officer's positive Performance Evaluation Reports. The Court held that pendency of disciplinary proceedings does not justify supersession or deferment of promotion, and that adverse grading regarding integrity must be supported by tangible material rather than generalized perceptions or hearsay, upholding the principles of natural justice. The Court allowed the petition, set aside the supersession letter, directed that the supersession be treated as deferment, and ordered that the petitioner be reconsidered for promotion in the next meeting.

  Questions settled

  • Can the mere pendency of disciplinary proceedings or an inquiry against a civil servant serve as a valid ground for his supersession or deferment for promotion?
  • Is the Central Selection Board legally required to base an adverse opinion regarding a civil servant's integrity on tangible material and documentary evidence?
  • Does the High Court have jurisdiction under Article 199 of the Constitution of Pakistan to judicially review the process and the manner in which discretion is exercised by the Central Selection Board in recommending the supersession of an officer?
  • Whether the principles of natural justice and audi alteram partem require that a civil servant be confronted with adverse material before being awarded negative marks for integrity by the Central Selection Board?
  Read full judgment →
• Zaheer-Ud-Din alias Zahoo Khan and 7 others vs Fazul and 6 others2023 PLD Balochistan 124 · Balochistan High Court · 2022-10-11Read full judgment →
• Zaheer vs The State2023 YLR 1276 · Sindh High Court · 2021-05-05
  narcotics possessionbenefit of doubtchain of custodycriminal appealsafe custodymalkhana in-chargecontradictory evidence
  Summary & questions settled

  This criminal appeal challenged the conviction of the appellant for possession of three kilograms of charas under Section 9(c) of the Control of Narcotic Substances Act, 1997. The core legal question was whether the prosecution successfully established the appellant's guilt beyond a reasonable doubt, particularly concerning the reliability of recovery evidence and the chain of custody. The Sindh High Court held that the prosecution failed to meet the required standard of proof. The court identified numerous material contradictions in the testimonies of the prosecution witnesses regarding the arrest, recovery, and site inspection. Furthermore, the court emphasized that the failure to examine the malkhana in-charge, coupled with an unexplained five-day delay in transmitting samples to the chemical examiner, rendered the prosecution's case doubtful. Consequently, the court set aside the conviction and acquitted the appellant. The judgment reaffirms the principle that the benefit of doubt must be extended to the accused as a matter of right when the prosecution fails to provide reliable, confidence-inspiring evidence, and that convictions cannot rest on mere probabilities.

  Questions settled

  • Does the failure to examine the malkhana in-charge in a narcotics case create a fatal flaw in the prosecution's case?
  • Is an unexplained delay in sending recovered narcotics to the chemical examiner sufficient to create reasonable doubt?
  • Can a conviction be sustained when there are material contradictions in the testimonies of prosecution witnesses regarding the arrest and recovery?
  • Is the benefit of doubt a matter of right or a concession for an accused person?
  Read full judgment →
• Zaheer Uddin Memon, Muhammad Imran Awan vs Security Papers Limited2023 SHC 972, 2024 PLC (C.S.) 341 · Sindh High Court · 2023-10-09
  master and servantcontractual employmenttermination of serviceinjunctiondamages for breach of contractprivate employment
  Summary & questions settled

  The plaintiffs, contractual employees of the defendant company, filed suits for declaration against their unfair suspension, subsequent inquiry, and eventual termination, alongside seeking damages and injunctions. It was undisputed between the parties that their relationship was governed by the principle of master and servant. The core legal question was whether a court can grant injunctive relief to reinstate or restrain the termination of a private employee under a master and servant relationship. The Sindh High Court held that in private employment governed by the master and servant rule, an employee cannot force themselves upon an employer, and specific performance of a service contract cannot be enforced. The employer has the right to terminate employment, and any wrongful termination only gives rise to a claim for damages or compensation, not reinstatement or injunctive relief. Consequently, the court dismissed the stay applications and disposed of the injunction matters, affirming that interim suspension of procedural steps like inquiries or suspensions does not bar the employer from exercising its ultimate right to terminate.

  Questions settled

  • Can an employee in a private employment governed by the master and servant relationship obtain an injunction against termination?
  • Does the suspension of a departmental inquiry restrict an employer from subsequently terminating the service of a private employee?
  • What is the appropriate legal recourse for a private employee whose service is terminated in violation of employment terms?
  Read full judgment →
• Zaheer Uddin Memon, Muhammad Imran Awan vs Security Papers Limited2023 SHC 1070 · Sindh High Court · 2023-10-23Read full judgment →
• Zaheer Ahmed vs Judge, Special Court, etc.PLJ 2023 Cr.C. 290 · Lahore High Court · 2023-01-31
  criminal revisionforensic signature comparisoninquisitorial systemcourt's power to summon evidencebank fraudjust decisionfilling lacuna
  Summary & questions settled

  This revision petition challenged an order by the Special Court (OIB-II), Lahore, which dismissed the complainant's application for a forensic comparison of his deceased father's signatures on allegedly forged cheques. The core legal question was whether a criminal court possesses the authority to order the production and comparison of evidence to determine the truth, even if such action fills a lacuna in the case. The High Court allowed the petition, setting aside the trial court's order. It held that the criminal justice system is inquisitorial, not merely adversarial, and the court bears a duty to elucidate facts essential for a just decision. Relying on the court's inherent powers and statutory provisions, the judge ruled that if evidence is necessary for the just decision of a case, the court is obligated to summon and examine it, regardless of whether it benefits a specific party or fills a gap in the evidence. Consequently, the trial court was directed to facilitate the signature comparison through the Punjab Forensic Science Agency.

  Questions settled

  • Does a criminal court have the power to order the production of evidence to compare signatures if it is essential for a just decision?
  • Is a criminal court in Pakistan permitted to act in an inquisitorial manner to elucidate facts rather than remaining a passive observer?
  • Can a trial court order the production of additional evidence even if it fills a lacuna in the prosecution's case?
  Read full judgment →
• Zaheer Ahmed vs Judge, Special Court, etc2023 LHC 192 · Lahore High Court · 2023-01-31
  signature comparisonforensic analysiscriminal trialadditional evidenceinquisitorial systemjust decision of the caserevision petition
  Summary & questions settled

  The instant revision petition challenged the order of the Special Court dismissing the petitioner's application for signature comparison of his deceased father on disputed bank cheques allegedly forged by the accused persons who withdrew funds unlawfully. The core legal question was whether a criminal court has the duty and power to order the production and comparison of evidence such as signatures when it is essential for the just decision of the case, notwithstanding concerns about filling lacunae or adversarial trial limits. The Lahore High Court held that the criminal justice system is inquisitorial rather than strictly adversarial, and courts have the mandatory obligation to summon or order the production of essential evidence to reach a just decision and prevent a miscarriage of justice. The Court set aside the impugned order and allowed the application, directing the trial court to transmit the relevant documents to the Punjab Forensic Science Agency for signature comparison.

  Questions settled

  • Whether a criminal court can order the production and comparison of disputed signatures for a just decision of the case?
  • Does the criminal justice system in Pakistan follow an adversarial or inquisitorial approach regarding the court's power to summon evidence?
  • Is a criminal court barred from admitting additional evidence if it has the effect of filling a lacuna left by a party?
  • What are the powers of a trial court under Section 540 of the Code of Criminal Procedure 1898 to summon material evidence?
  Read full judgment →
• Zaheer Ahmed vs Judge, Special Court and others2023 PLD Lahore 528, PLJ 2023 Cr.C. 461 · Lahore High Court · 2023-01-31
  criminal revisionforensic signature comparisoninquisitorial systemduty of courtSection 540 CrPCjust decisionbanking offence
  Summary & questions settled

  This revision petition challenged an order of the Special Court (OIB-II), Lahore, which dismissed the complainant's application for forensic comparison of his deceased father's signatures on disputed bank cheques. The core legal question was whether the trial court erred in refusing to summon evidence essential for determining the authenticity of signatures in a criminal complaint. The Lahore High Court held that the impugned order was unsustainable. The Court allowed the petition, directing the trial court to facilitate the forensic comparison of the disputed signatures with admitted signatures via the Punjab Forensic Science Agency. The ratio established is that the criminal justice system is inquisitorial, imposing a mandatory duty upon the trial court to summon any evidence essential for a just decision, irrespective of whether such action fills a lacuna in the prosecution's or complainant's case. The Court emphasized that a judge is not a disinterested auditor but must actively elucidate facts to ensure justice and prevent miscarriage, utilizing broad powers under the relevant procedural and evidentiary statutes.

  Questions settled

  • Does a criminal court have the power to summon evidence to fill a lacuna if such evidence is essential for a just decision?
  • Is the criminal justice system in Pakistan adversarial or inquisitorial regarding the court's duty to elucidate facts?
  • Can a trial court order the production of documents for forensic comparison under Section 540 of the Code of Criminal Procedure 1898?
  • Is a trial court's duty to summon essential evidence discretionary or mandatory when such evidence is necessary for a just decision?
  Read full judgment →
• Zaheer Ahmed alias Gul vs The State2023 YLR 2038 · Sindh High Court · 2021-12-17
  explosive substancesanti-terrorismillegal armsred-handed arrestrecovery memopolice witnessescriminal appeal
  Summary & questions settled

  This criminal appeal challenges the conviction and sentence of the appellant under the Anti-Terrorism Act, 1997, the Explosive Substances Act, and the Sindh Arms Act, 2013, following a raid by law enforcement agencies resulting in the recovery of arms, ammunition, and explosives. The core legal question concerns whether the prosecution successfully proved its case beyond a reasonable doubt, and whether minor contradictions and the use of a joint recovery memo vitiate the trial. The Sindh High Court dismissed the appeals and upheld the convictions, holding that prompt registration of the FIR, reliable and corroborated testimony of police and ranger witnesses, positive forensic and ballistic reports, and direct recoveries made from the appellant's possession and pointation conclusively established his guilt. The key legal principle laid down is that minor discrepancies in police evidence do not undermine a natural and corroborated prosecution case where immediate recoveries are effected from the accused on the spot.

  Questions settled

  • Whether minor contradictions in the statements of police and ranger witnesses are sufficient to discard the prosecution case?
  • Does the use of a joint recovery memo for searches conducted within the same compound vitiate the trial?
  • Whether the uncorroborated mere denial of the accused under Section 342 Cr.P.C. is sufficient to rebut strong eyewitness and forensic evidence?
  • Is the testimony of police and ranger witnesses reliable in the absence of established ill-will or enmity?
  Read full judgment →
• Zaheer Abbas vs Federation Of Pakistan, etc2023 IHC 432 · Islamabad High Court · 2023-01-27
  service matterwrit jurisdictiondepartmental appealFederal Service Tribunalalternate remedycompulsory retirementconstitutional jurisdictionlimitation period
  Summary & questions settled

  This writ petition was filed by a civil servant seeking a direction to the Intelligence Bureau to decide his pending departmental appeal against an order of compulsory retirement. The core legal question was whether the High Court, in its constitutional jurisdiction, could compel a departmental authority to decide an appeal when the petitioner had failed to avail the statutory remedy of approaching the Federal Service Tribunal (FST) after the expiry of the mandatory ninety-day waiting period. The Court held that the petition was not maintainable due to the bar under Article 212 of the Constitution of the Islamic Republic of Pakistan, 1973. The Court reasoned that Section 4 of the Service Tribunals Act, 1973 provides an adequate alternate remedy for civil servants aggrieved by delays in departmental proceedings. By failing to approach the FST within the prescribed limitation period following the ninety-day waiting period, the petitioner could not bypass the statutory scheme by invoking the High Court's extraordinary jurisdiction. The principle laid down is that constitutional jurisdiction cannot be invoked to bypass the Service Tribunal when an adequate alternate remedy exists under the Service Tribunals Act, 1973.

  Questions settled

  • Can a High Court exercise constitutional jurisdiction to direct a departmental authority to decide a pending appeal when the petitioner has an alternate remedy under the Service Tribunals Act, 1973?
  • Does the failure to approach the Federal Service Tribunal within the prescribed limitation period after the expiry of the ninety-day waiting period entitle a civil servant to invoke the High Court's writ jurisdiction?
  • Is the remedy provided under Section 4 of the Service Tribunals Act, 1973, considered an adequate alternate remedy for a civil servant aggrieved by the delay in deciding a departmental appeal?
  Read full judgment →
• Zagham Hassan Khan vs The State, etc2023 SCP 352, 2024 PLD Supreme Court 75, PLJ 2024 SC (Cr.C.) 61 · Supreme Court of Pakistan · 2023-11-07
  unsound mindschizophreniaSection 466 CrPCbailmental disabilitytrial postponementjudicial discretion
  Summary & questions settled

  This matter concerns a 60-year-old accused suffering from schizophrenia who was declared unfit to stand trial. The core legal question was whether the trial court reasonably exercised its discretion under Section 466 of the Code of Criminal Procedure 1898 by detaining the accused in a mental health facility rather than releasing him on sufficient security after postponing trial proceedings. The Supreme Court held that the trial court’s discretion was exercised unreasonably and capriciously, as there were no exceptional circumstances justifying detention over release. The Court set aside the lower court orders and directed the accused's release on bail, subject to strict conditions regarding his care, prevention of harm, and periodic medical evaluation. The key principle laid down is that under Section 466, Code of Criminal Procedure 1898, the primary course for an accused of unsound mind is release on sufficient security, while detention in safe custody is an exceptional measure. This discretion must be exercised based on whether the accused can be properly cared for and prevented from harming himself or others.

  Questions settled

  • What is the primary course of action for an accused found to be of unsound mind and incapable of making his defence under Section 466 of the Code of Criminal Procedure 1898?
  • Under what circumstances may a court order the detention of an accused of unsound mind in safe custody instead of releasing them on bail?
  • Does the discretion conferred on a court under Section 466 of the Code of Criminal Procedure 1898 allow for the detention of an accused without justifying reasons?
  Read full judgment →
• Zafran s/o Kitab Khan, r/o Shahkas Jamrud District Khyber vs The State etc2023 PHC 592, 2024 YLR 2193 · Peshawar High Court · 2023-11-21Read full judgment →
• Zaffar Afzal and others vs Ashiq Hussain2023 PLD Supreme Court 456 · Supreme Court of Pakistan · 2023-04-12
  oral sale agreementmutationpersons with disabilitiesburden of prooffraudproperty transfercivil appeal
  Summary & questions settled

  This civil appeal concerns the validity of an oral sale agreement executed by a deceased person who was hard of hearing and non-verbal. The appellants, legal heirs of the deceased, challenged the sale mutation in favor of the respondent, alleging fraud and lack of consent. The core legal question was whether the respondent sufficiently proved the deceased's capacity to understand the transaction and the payment of consideration. The Supreme Court held that the transaction was not proved, noting the respondent failed to establish that the deceased understood the terms or that the sale price was paid. The Court emphasized that transactions involving persons with disabilities require strict safeguards, including the presence of interpreters and independent witnesses to ensure the transaction is free from fraud or undue influence. Furthermore, the Court clarified that mutation does not confer title and that the respondent failed to prove the appellants had knowledge of prior partition proceedings to establish a limitation bar. Consequently, the Court set aside the High Court's judgment and restored the Trial Court's decree in favor of the appellants.

  Questions settled

  • What safeguards are required for a valid property transaction involving a person who is hard of hearing and non-verbal?
  • Does a mutation entry in revenue records confer title to property?
  • Can a party rely on an ex parte partition order to establish a limitation bar without proving the opposing party's knowledge of the proceedings?
  Read full judgment →
• Zaffar Afzal & others vs Ashiq Hussain2023 SCP 129 · Supreme Court of Pakistan · 2023-04-12
  oral saledeaf and dumb personmutationcivil appealproperty disputeburden of proofpersons with disabilities
  Summary & questions settled

  This civil appeal arose from a dispute over property transferred through an oral sale mutation by a deceased owner who was deaf, dumb, and uneducated, in favor of the respondent, who was his nephew and the brother of the appellants. The appellants challenged the mutation through a suit for declaration and cancellation on the ground of fraud, which was initially decreed by the Trial Court, but subsequently dismissed by the Appellate Court and the Lahore High Court. The core legal question concerned the validity and proof of an oral sale transaction and subsequent revenue mutation involving a person with hearing and speech disabilities, and whether such a transaction was backed by free consent and valid consideration. The Supreme Court of Pakistan allowed the appeal, setting aside the judgments of the High Court and Appellate Court while restoring the Trial Court's decree. The Court held that transactions involving persons who are hard of hearing and non-verbal must be established through clear evidence demonstrating that the person fully understood the transaction, and that revenue authorities must strictly satisfy themselves regarding the absence of fraud, the adequacy of consideration, and proper interpretation through qualified persons or close relatives.

  Questions settled

  • Whether a transaction involving the property of a person who is hard of hearing and non-verbal requires independent safeguards to prove free consent and comprehension?
  • Does a revenue mutation confer independent title to property in the absence of a proven underlying valid sale transaction?
  • Can a court rely on an oral sale agreement where the payment of consideration and delivery of possession are not proved by cogent evidence?
  Read full judgment →
• Zafaran Khan and others vs Nizam Ullah and others2023 PLC (C.S) 972 · Supreme Court of Pakistan · 2023-01-24
  public appointmentnewspaper advertisementprocedural irregularityconstitutional jurisdictionright to workbackdoor appointmentcontract serviceinsurgency
  Summary & questions settled

  This is an appeal arising from a judgment of the Peshawar High Court annulling the appointment of the appellants to public office due to the non-publication of job advertisements in newspapers. The core legal question was whether the High Court should have exercised its discretionary constitutional jurisdiction under Article 199 to set aside appointments made via local advertisement pasted at conspicuous places rather than in newspapers, during a period of acute insurgency. The Supreme Court allowed the appeal, holding that in the atypical circumstances of insurgency, the procedural irregularity of failing to publish the advertisement in a newspaper was a bona fide lapse by the department, which could not be used to penalize the appellants or invalidate appointments obtained without backdoor means. The Court laid down the principle that employees cannot be deprived of their livelihood and right to work for a departmental procedural default when they met the eligibility criteria, were selected on merit through a local recruitment process, and served satisfactorily for over a decade.

  Questions settled

  • Can a court annul public appointments on the ground of non-publication of advertisements in newspapers when vacancies were otherwise locally advertised during a period of insurgency?
  • Whether employees can be penalized and deprived of their livelihood due to a procedural lapse committed by the government department during recruitment?
  • Does an appointment made without newspaper advertisement invariably constitute a backdoor appointment if all other codal formalities and merit criteria were fulfilled?
  • Should the High Court exercise discretionary jurisdiction under Article 199 of the Constitution to set aside long-standing public appointments affected by a mere procedural irregularity?
  Read full judgment →
• Zafar Nawaz vs The State and another2023 SCP 250, 2023 SCMR 1977, PLJ 2023 SC (Cr.C.) 281 · Supreme Court of Pakistan · 2023-08-22
  post-arrest baildishonoured chequeprohibitory clausefurther inquirycriminal breachrent dispute
  Summary & questions settled

  This matter comes before the Supreme Court of Pakistan via a petition for leave to appeal seeking post-arrest bail in a case registered under Section 489-F of the Pakistan Penal Code 1860 for dishonouring a cheque allegedly given for unpaid rent. The core legal questions involve whether the issuance of a cheque for rent falls within the mischief of Section 489-F PPC and whether the petitioner is entitled to post-arrest bail when the offense does not fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898. The Supreme Court converted the petition into an appeal, allowed it, and set aside the High Court's order denying bail. The Court held that since the offense carries a maximum punishment of three years and falls outside the prohibitory clause, the grant of bail is the general rule. The Court laid down the principle that liberty is a precious right, bail in non-prohibitory offenses is the norm, and the mere registration of other criminal cases does not disentitle an accused to bail if a prima facie case for further inquiry under Section 497(2) CrPC is made out.

  Questions settled

  • Whether the issuance of a cheque for unpaid rent attracts the provisions of Section 489-F of the Pakistan Penal Code 1860?
  • Does an offense carrying a maximum punishment of three years fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898?
  • Does the mere registration of other criminal cases against an accused disentitle him to post-arrest bail on merits?
  • When is an accused entitled to post-arrest bail on the ground of further inquiry under Section 497(2) of the Code of Criminal Procedure 1898?
  Read full judgment →
• Zafar Mehmood and another vs Mst. Shaheen Baig and another2023 CLC 968 · Islamabad High Court · 2022-01-28Read full judgment →
• Zafar Khizer vs Federation of Pakistan etc.2023 PLJ Lahore 535 · Lahore High Court · 2022-10-11Read full judgment →
• Zafar Khizer vs Federation of Pakistan and others2023 PLD (Lahore) 164 · Lahore High Court · 2022-10-11Read full judgment →
• Zafar Javed and others vs Punjab Small Industries and others2023 CLD 995 · Lahore High Court · 2022-12-12Read full judgment →
• Zafar Iqbal vs The State, etc2023 SCP 210, 2023 PLD Supreme Court 617, PLJ 2023 SC (Cr.C.) 318 · Supreme Court of Pakistan · 2023-07-31
  pre-arrest baillimitation periodcondonation of delayincarcerationcriminal petitionsupreme court rules
  Summary & questions settled

  The petitioner sought leave to appeal against the dismissal of his pre-arrest bail by the High Court in a criminal case involving theft. The petition was filed after a delay of 74 days beyond the prescribed limitation period, and no application for condonation of delay was filed. The core legal question was whether the law of limitation applies with full rigour to petitions for leave to appeal in pre-arrest bail matters, and whether the lenient standard applied for condoning delay in cases of incarcerated petitioners is available to a petitioner seeking pre-arrest bail. The Supreme Court held that the law of limitation applies strictly to pre-arrest bail petitions, and the lenient view taken toward incarcerated persons is not available to petitioners seeking pre-arrest bail who are not behind bars, as failure to surrender or approach the court promptly may indicate an intent to remain a fugitive. The petition was ultimately dismissed as withdrawn.

  Questions settled

  • Is the law of limitation fully applicable to petitions for leave to appeal in pre-arrest bail matters?
  • Does the incarceration of a petitioner constitute sufficient cause to condone delay in filing a criminal petition?
  • Can the lenient view taken for condoning delay in cases of incarcerated petitioners be extended to a petitioner seeking pre-arrest bail?
  • What is the effect of failing to file a pre-arrest bail petition within the limitation period without an application for condonation of delay?
  Read full judgment →
• Zafar Iqbal vs The State and others2023 PLD Supreme Court 617 · Supreme Court of Pakistan · 2023-07-31
  pre-arrest baillaw of limitationcondonation of delayaccess to justiceleave to appealfundamental rightscriminal procedure
  Summary & questions settled

  This petition for leave to appeal challenged an order denying pre-arrest bail. The core legal question was whether the law of limitation applies to petitions for leave to appeal in pre-arrest bail matters and whether the lenient standard for condoning delay, typically applied to incarcerated persons, extends to those seeking pre-arrest bail. The Court held that the law of limitation applies with full rigour to pre-arrest bail petitions. It distinguished between incarcerated petitioners, who face disabilities justifying a lenient approach to limitation to ensure access to justice, and pre-arrest bail petitioners, who are at liberty and suffer no such constraints. The Court ruled that failing to file a pre-arrest bail petition within the prescribed limitation period, without a valid application for condonation of delay, may indicate an attempt to evade the law or negligence. Consequently, the Court affirmed that there is no relaxation of the limitation period for pre-arrest bail matters unless sufficient cause is demonstrated. As no application for condonation was filed, the petition was dismissed as withdrawn.

  Questions settled

  • Does the law of limitation apply to petitions for leave to appeal in pre-arrest bail matters?
  • Is the lenient standard for condoning delay applicable to petitioners seeking pre-arrest bail?
  • Does the incarceration of a petitioner constitute sufficient cause for condoning delay in filing an appeal?
  • Can a petition for leave to appeal be entertained if filed beyond the limitation period without an application for condonation of delay?
  Read full judgment →
• Zafar Iqbal vs Additional District and Sessions Judge, Ferozewala and others2023 SCMR 613 · Supreme Court of Pakistan · 2023-02-17
  specific performanceamendment of plaintrevisional jurisdictionabuse of processlegal heircivil proceduredelay in litigation
  Summary & questions settled

  This matter concerns a petition for leave to appeal against a High Court judgment that allowed an amendment to a plaint in a long-pending suit for specific performance of an oral agreement. The core legal question was whether the plaintiffs (respondents) could amend their plaint to challenge the status of a defendant (petitioner) as a legal heir of the deceased seller, after evidence had already been concluded. The Supreme Court held that the amendment was unnecessary and irrelevant to the merits of the specific performance suit. The Court observed that the plaintiffs' attempt to challenge the petitioner's paternity/maternity had no connection to the underlying claim and appeared to be a tactic to delay the suit, as the plaintiffs were already in possession of the property. The Court ruled that the revisional court erred in exercising its jurisdiction under Section 115 of the Code of Civil Procedure, 1908, to allow such an amendment. Consequently, the Court set aside the impugned orders, allowed the appeal, and imposed costs on the respondents for abusing the court process.

  Questions settled

  • Can a plaintiff in a specific performance suit amend their plaint to challenge the status of a defendant as a legal heir after evidence has been concluded?
  • Does the exercise of revisional powers under Section 115 of the Code of Civil Procedure, 1908, justify setting aside a trial court's order when the proposed amendment is irrelevant to the suit's merits?
  • What are the consequences of abusing the court process through unnecessary litigation and delaying tactics?
  Read full judgment →
• Zafar Iqbal vs Additional District and Sessions Judge, Ferozewala & others2023 SCP 63 · Supreme Court of Pakistan · 2023-02-17
  specific performanceamendment of plaintrevisional jurisdictionabuse of processlegal heirscivil procedure
  Summary & questions settled

  This matter concerns a suit for specific performance of an oral agreement filed in 2002. The petitioner, claiming to be the son of the deceased defendant, was impleaded as a legal heir. Subsequently, the plaintiffs (respondents) sought to amend their plaint to challenge the petitioner's paternity, a request initially dismissed by the Trial Court but later allowed by the Revisional Court and upheld by the High Court. The core legal question was whether such an amendment, irrelevant to the merits of the specific performance suit, was permissible. The Supreme Court held that the amendment was unnecessary and that the respondents were abusing the court process to delay the suit, likely because they were in possession of the property. The Court set aside the High Court and Revisional Court orders, restoring the Trial Court's decision. The principle laid down is that amendments to pleadings must be relevant to the core issues of the suit, and courts should not exercise revisional powers to allow irrelevant amendments that delay proceedings or abuse the judicial process.

  Questions settled

  • Can a plaintiff amend a plaint to challenge the paternity of a defendant in a suit for specific performance?
  • Does the exercise of revisional powers under Section 115 of the Code of Civil Procedure 1908 justify allowing an irrelevant amendment to a plaint?
  • Is a party entitled to seek the setting aside of a decree under Section 12(2) of the Code of Civil Procedure 1908 if they were a necessary party not arrayed in the suit?
  Read full judgment →
• Zafar Iqbal alias Zafri vs The State and others2023 YLR 643 · Lahore High Court · 2021-09-13
  criminal appealrapebenefit of doubtSection 342 CrPCprocedural irregularityappreciation of evidenceacquittal
  Summary & questions settled

  This criminal appeal challenges the conviction of the appellant for rape and theft under Sections 376 and 382 of the Pakistan Penal Code 1860. The core legal questions concerned whether the prosecution proved its case beyond reasonable doubt and whether the trial court committed procedural irregularities in examining the accused. The Lahore High Court found the prosecution's case riddled with contradictions, including uncertainty regarding the time of occurrence, the absence of independent witnesses, and the failure to produce the best evidence. Crucially, the Court held that the trial court erred by failing to put incriminating evidence—specifically a medico-legal report regarding the appellant’s potency—to the accused during his examination under Section 342 of the Code of Criminal Procedure 1898. The Court emphasized that incriminating circumstances not put to an accused cannot be used for conviction. Reaffirming the principle that the benefit of doubt is a vested right of the accused rather than a concession, the Court set aside the conviction and acquitted the appellant, ruling that the prosecution failed to establish guilt beyond a reasonable shadow of doubt.

  Questions settled

  • Can incriminating evidence not put to an accused during their examination under Section 342 of the Code of Criminal Procedure 1898 be used to support a conviction?
  • Does the failure to put specific incriminating circumstances to an accused during trial constitute an abuse of the process of the court?
  • Is the benefit of doubt a matter of grace or a vested right of the accused in criminal proceedings?
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• Zafar and another vs The State2023 PCRLJ 161 · Sindh High Court · 2020-08-04
  pre-arrest bailmala fideextraordinary remedycriminal jurisdictionwater course damagecognizable offences
  Summary & questions settled

  This bail application arose from a petition for pre-arrest bail filed by two accused individuals charged under sections 430, 353, and 504 of the Pakistan Penal Code 1860, and sections 61 and 62 of the Irrigation Act, following the dismissal of their bail plea by the Sessions Court. The core legal question was whether the accused had demonstrated sufficient grounds of mala fide or false implication to warrant the extraordinary remedy of pre-arrest bail. The High Court held that the applicants failed to establish any mala fide on the part of the complainant or the police. The court observed that the FIR contained specific allegations of damaging government water courses and obstructing water supply, supported by evidence including photographs and witness statements. Emphasizing that pre-arrest bail is an extraordinary remedy not to be used as a substitute for post-arrest bail, the court dismissed the application, ruling that sufficient prima facie material existed to connect the accused to the alleged offences, and recalled the previously granted ad-interim bail.

  Questions settled

  • What is the standard of proof required to demonstrate mala fide for the grant of pre-arrest bail?
  • Is pre-arrest bail a substitute for post-arrest bail in ordinary criminal cases?
  • Does the existence of prima facie material connecting an accused to an offence preclude the grant of pre-arrest bail?
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• Zafar Ali vs The State and another2023 YLR 1942 · Peshawar High Court · 2022-06-22
  narcoticschain of custodysafe custodychemical examiner reportreasonable doubtcriminal appealacquittal
  Summary & questions settled

  This criminal appeal challenges the conviction of the appellants under Section 9-C of the Control of Narcotic Substances Act 1997 for the possession of a large quantity of narcotics. The core legal question was whether the prosecution successfully established an unbroken chain of custody for the recovered contraband from the point of seizure to the chemical laboratory. The Peshawar High Court held that the prosecution failed to prove this chain, as key witnesses—specifically the official responsible for transporting the samples to the police station and the Moharrir who received them—were not produced. Consequently, the court ruled that the chemical examiner's report was unreliable. The court emphasized that the chain of custody, encompassing seizure, storage, and transmission, must be secure and indisputable to justify a conviction. Any break in this chain creates reasonable doubt, entitling the accused to acquittal as a matter of right. The impugned judgment was set aside, and the appellants were acquitted.

  Questions settled

  • Does a failure to produce the Moharrir who handled the contraband samples create a fatal break in the chain of custody?
  • Is the chemical examiner's report admissible if the prosecution fails to prove the safe transmission of samples from the place of recovery to the laboratory?
  • What is the legal consequence of a break in the chain of custody in narcotics cases under the Control of Narcotic Substances Act 1997?
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• Zafar Ali and others vs Rashid Ahmad and others2023 LHC 6098 · Lahore High Court · 2023-11-17Read full judgment →
• Zafar Ahmed vs Associates Press of Pakistan through Director General and 2 others2023 PLC 110 · Sindh High Court · 2022-08-22
  service benefitspension enhancementwage board awardgratuityres judicatacivil suitdamages
  Summary & questions settled

  This civil suit concerns a claim for recovery of service dues, including pension, provident fund, gratuity, and damages, filed by a retired employee against the Associated Press of Pakistan. The core legal questions involved the maintainability of the suit under the principle of res judicata, the entitlement to gratuity, and the applicability of an enhanced pension rate determined by the 7th Wage Board Award. The Court held that the suit was maintainable as the specific service benefits had not been previously adjudicated. Regarding the merits, the Court denied the claim for gratuity, citing binding Supreme Court precedent that precludes dual retirement benefits. However, the Court ruled that the plaintiff was entitled to the enhanced pension rate of 70% effective from the date of the Wage Board Award, rejecting the employer's restrictive interpretation. Additionally, the Court awarded general damages for mental anguish caused by the withholding of dues. The judgment establishes that beneficial legislation, such as wage board awards, should be liberally construed in favor of employees unless expressly restricted to future retirees.

  Questions settled

  • Does the principle of res judicata under Section 11 of the Code of Civil Procedure 1908 bar a civil suit for service dues if the specific financial claims were not adjudicated in previous service tribunal proceedings?
  • Is a retired employee entitled to both pension and gratuity where binding precedent establishes that there is no independent right to claim both?
  • Does an enhanced pension rate determined by a Wage Board Award apply to employees who retired prior to the notification date, in the absence of an express exclusion?
  • Can a court award general damages for mental anguish in a suit for the recovery of service dues?
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• Zabit Khan vs The State2023 YLR 1399 · Peshawar High Court · 2022-05-31
  narcotics recoverychain of custodyFSL reporttest protocolsbenefit of doubtcriminal appealacquittal
  Summary & questions settled

  This criminal appeal challenges the judgment of the trial court convicting and sentencing the appellant under Section 9(c) of the Control of Narcotic Substances Act, 1997, following the alleged recovery of narcotics from a motorcar. The core legal questions involved the reliability of the prosecution evidence regarding the search and recovery, the chain of custody of the samples, and whether the Forensic Science Laboratory report complied with the mandatory requirements regarding test protocols. The Peshawar High Court held that the prosecution failed to establish a safe and unimpeachable chain of custody, and that the FSL report lacked the requisite test protocols under Rule 6 of the Government Analysts Rules, 2001, rendering it inconclusive and devoid of evidentiary value. The Court emphasized that in criminal cases, courts must focus on the quality of evidence rather than the quantity of the contraband involved. Consequently, the appeal was allowed, the conviction and sentence were set aside, and the appellant was acquitted of the charge.

  Questions settled

  • Does an FSL report lacking test protocols lose its evidentiary value under Rule 6 of the Government Analysts Rules, 2001?
  • Whether contradictions among prosecution witnesses regarding the mode and manner of recovery create a fatal doubt in the prosecution's case?
  • Is the prosecution required to prove a secure and unbroken chain of custody for the safe transmission of narcotic samples to the laboratory?
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• Yousuf Master vs The Additional District Judge of Court No.IV and others2023 SHC 1052 · Sindh High Court · 2023-11-16Read full judgment →
• Yousaf Ali vs Chief Executive, Water and Sanitation Services, Peshawar and 2 others2023 PLC (C.S.) 1131 · Peshawar High Court · 2021-09-08
  constitutional petitionservice matterselection processinterview marksmala fidewrit jurisdiction
  Summary & questions settled

  This constitutional petition was filed under Article 199 of the Constitution of Islamic Republic of Pakistan 1973, seeking to declare the petitioner as the successful candidate for the post of Manager Communication and Media Management in Water and Sanitation Services Peshawar, and to set aside the selection of respondent No. 3. The core legal question involved the interference of the High Court in the appointment and selection process of a candidate based on allegations of mala fide and lesser marks in the interview. The Peshawar High Court held that the petitioner stood at serial No. 4 of the final merit list with 70 marks, whereas respondent No. 3 topped the list with 73 marks, and that the selection committee was the best judge to evaluate candidates. The Court laid down the principle that in the absence of tangible evidence of mala fide, the constitutional jurisdiction cannot be invoked to resolve factual controversies or to substitute the opinion of the selection committee with that of the court. The writ petition was accordingly dismissed.

  Questions settled

  • Can the High Court interfere with the selection process of a candidate in its constitutional jurisdiction when no tangible evidence of mala fide is established?
  • Whether the court can substitute its own opinion for that of an interview committee regarding the evaluation and potential of candidates?
  • Does a disputed factual controversy regarding the award of interview marks warrant interference under Article 199 of the Constitution of Islamic Republic of Pakistan 1973?
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• Younas Rasheed vs Muhammad Kashif Iqbal and another2023 CLC 1087 · Lahore High Court · 2023-01-27Read full judgment →
• Younas Rasheed vs Muhammad Kashif Iqbal & another2023 LHC 288 · Lahore High Court · 2023-01-27Read full judgment →
• Yassa Khan vs Federation of Pakistan through Secretary Ministry of National Health Services Regulation and Coordination and another2023 CLC 744 · Islamabad High Court · 2022-10-21Read full judgment →
• Yasmeen Trading International (Pvt.) Ltd., Ahsan Traders (Kcus_ 552)_c178eaba2023 SHC 942 · Sindh High CourtRead full judgment →
• Yasir Parvez and others vs The State and others2023 YLR 2164 · Lahore High Court · 2022-04-28
  murderdacoitybenefit of doubtchance witnessinterested witnessmedical evidence contradictioncriminal appealacquittal
  Summary & questions settled

  This criminal appeal challenges the convictions and sentences of the appellants under Sections 302, 396, and 412 of the Pakistan Penal Code 1860 arising from a fatal shooting and alleged dacoity. The core legal question centered on whether the prosecution proved its case beyond a reasonable doubt, specifically regarding the credibility of the ocular account, the role of chance and interested witnesses, and the consistency between medical and oral evidence. The Lahore High Court held that the prosecution hopelessly failed to establish its case due to numerous glaring contradictions, improvements by eyewitnesses, conflicts between medical and ocular evidence, delayed reporting, and unverified weapon recoveries. Consequently, the court set aside the convictions, acquitted the appellants on the basis of the benefit of the doubt, answered the murder reference in the negative, and dismissed the sentence enhancement revision as infructuous. The key principle laid down is that a single reasonable doubt arising from material contradictions, dubious witness presence, or a conflict between medical and oral testimony entitles the accused to an acquittal as a matter of right.

  Questions settled

  • Whether dishonest and deliberate improvements in the testimony of an eyewitness are sufficient to discard their evidence in a capital case?
  • Does a conflict between the ocular account and the medical evidence regarding the time of occurrence and nature of injuries warrant the extension of the benefit of doubt to the accused?
  • Can a conviction for a heinous crime be sustained solely on the basis of grave allegations when the prosecution fails to prove its case beyond a reasonable doubt?
  • Whether recoveries made in contravention of statutory provisions and without forensic comparison reports can corroborate a doubtful ocular testimony?
  Read full judgment →
• Yasir Mehmood s/o Muhammad Rafique Khan vs Parveen Aslam w/o2023 SC AJK 42 · Supreme Court of Azad Jammu and KashmirRead full judgment →
• Yasir Khan and another vs The State through Advocate-General, Khyber2023 PCRLJ 577 · Peshawar High Court · 2022-07-18
  criminal revisionacquittalcompromisepre-arrest bailcompoundable offencestrial court jurisdiction
  Summary & questions settled

  This criminal revision petition challenged an order by the Additional Sessions Judge-XII, Peshawar, which rejected the petitioners' application for acquittal under Section 265-K of the Code of Criminal Procedure 1898. The petitioners argued that a compromise reached during the pre-arrest bail stage should be binding and sufficient for acquittal at the trial stage. The core legal question was whether a compromise effected during bail proceedings is automatically effective for acquittal during the trial. The Court, relying on the Supreme Court's precedent in 'Tariq Mehmood v. Naseer Ahmad and others' (PLD 2016 SC 347), held that while offences under Section 345(1) of the Code of Criminal Procedure 1898 can be compounded without court intervention, offences under Section 345(2) require the permission of the trial court where the prosecution is pending. The Court concluded that a compromise at the bail stage does not automatically mandate acquittal at trial, especially when the complainant only consented to the bail and the offences involved require judicial permission for compounding. The petition was dismissed.

  Questions settled

  • Can a compromise effected at the pre-arrest bail stage be automatically used for acquittal during the trial?
  • Does a compromise in an offence under Section 345(1) of the Code of Criminal Procedure 1898 require the permission of the trial court?
  • Is a compromise in an offence under Section 345(2) of the Code of Criminal Procedure 1898 valid without the permission of the trial court where the prosecution is pending?
  Read full judgment →
• Yasir Iqbal vs The State and another2023 MLD 714 · Peshawar High Court · 2022-07-14
  murderSection 302(b) PPCSection 302(c) PPCheat of passionlack of premeditationconversion of convictioncriminal appeal
  Summary & questions settled

  This criminal appeal was filed against the judgment of the Model Criminal Trial Court, Peshawar, convicting the appellant under Section 302(b) of the Pakistan Penal Code 1860 and sentencing him to life imprisonment for the stabbing death of a fellow passenger in a public vehicle. The core legal question before the High Court was whether the offense fell under Section 302(b) or Section 302(c) of the Pakistan Penal Code 1860. The High Court found that the prosecution proved ocular and medical evidence, but the record established that the parties were unknown to each other and the incident occurred without premeditation or pre-existing enmity, triggered suddenly under the heat of passion following a minor quarrel over opening a window pane. The High Court partially allowed the appeal, converting the conviction from Section 302(b) to Section 302(c) of the Pakistan Penal Code 1860, and reduced the sentence to ten years' rigorous imprisonment. The Court held that an act committed without premeditation at the spur of the moment in the heat of passion attracts Section 302(c), and its magnitude cannot be measured in a golden scale merely because multiple injuries were inflicted.

  Questions settled

  • Whether a murder committed without premeditation and under the heat of passion during a sudden quarrel between strangers falls under Section 302(b) or Section 302(c) of the Pakistan Penal Code 1860?
  • Does the infliction of multiple injuries on vital parts of the victim automatically prevent an offense from being categorized under Section 302(c) of the Pakistan Penal Code 1860 when committed under the heat of passion?
  • Can a court examine an accused's statement under Section 161 of the Code of Criminal Procedure 1898 to ascertain the root cause of an incident and do complete justice?
  Read full judgment →
• Yasir Aftab vs Irfan Gull and others2023 SCMR 206 · Supreme Court of Pakistan · 2022-11-30
  local government electionsnomination papersasset declarationReturning Officersubstantial defectelectoral processSindh Local Government Act 2013
  Summary & questions settled

  This appeal arises from a High Court order rejecting the appellant’s nomination papers for a local government seat in Sindh due to alleged non-disclosure of assets. The core legal questions concerned whether a pre-election asset declaration is mandatory under the Sindh Local Government Act, 2013, and the scope of the Returning Officer's authority to reject nominations for defects in such declarations. The Supreme Court held that while a pre-election asset declaration is mandatory, the rejection of nomination papers is governed by the proviso to Rule 18(3) of the Sindh Local Councils (Election) Rules, 2015. The Court established a two-step mandatory procedure: first, the Returning Officer must determine if a defect is of a 'substantial nature.' If not, the nomination cannot be rejected. If the defect is substantial, the Returning Officer retains the discretion to allow the candidate to remedy the defect 'forthwith.' The Court emphasized that local government election laws should be interpreted to encourage maximal participation, and that the Returning Officer must exercise discretion based on the context of the entire nomination.

  Questions settled

  • Is a candidate for a local government election in Sindh required to declare assets in their nomination papers?
  • Does the Returning Officer have the discretion to allow a candidate to remedy a substantial defect in their nomination papers?
  • What is the two-step procedure a Returning Officer must follow when evaluating a defect in nomination papers under the Sindh Local Councils (Election) Rules, 2015?
  • Does the failure to disclose assets in local government nomination papers automatically result in rejection?
  Read full judgment →
• Yaseen Ali Ghunio vs Divisional Superintendent, Pakistan Railways Sukkur, Mr. Muhammad Aslam Jatoi,Assistant Attorney General Province of Sindh & others2023 SHC 347 · Sindh High Court · 2023-05-25Read full judgment →
• Yaqoob alias Porho son of Illahi Bux Dahri, Azizullah son of Anwer Dahri vs The State2023 SHC 355 · Sindh High Court · 2023-05-29
  post-arrest bailmurderfirearm injuryrule of consistencyocular evidencemedical evidenceballistic reportcriminal trial
  Summary & questions settled

  This criminal bail application arises from a petition for post-arrest bail in a murder case registered under Sections 302, 114, and 506(2) of the Pakistan Penal Code 1860. The applicant sought bail, contending that the FIR was delayed, the identification via torchlight was unreliable, and the deceased had committed suicide. Furthermore, the applicant invoked the rule of consistency, citing the bail granted to co-accused. The core legal question was whether the applicant was entitled to bail given the specific allegations of firearm injury and the evidence on record. The Court dismissed the bail application, holding that the applicant’s role was distinct and distinguishable from the co-accused, as he was specifically identified as the shooter who caused the fatal injury. The Court found that medical evidence, including the absence of charring, contradicted the suicide theory, and the ballistic report corroborated the ocular account. The key principle laid down is that where there is a specific, corroborated role of causing a fatal injury, and the medical evidence contradicts the defense's suicide theory, the applicant is not entitled to bail, regardless of the treatment accorded to co-accused.

  Questions settled

  • Does the rule of consistency apply to an accused whose role is distinct and distinguishable from co-accused who have been granted bail?
  • Can a plea of suicide be sustained in a bail application when medical evidence contradicts it?
  • Is an accused entitled to bail when there is corroboration between ocular evidence and medical reports regarding a fatal firearm injury?
  Read full judgment →
• WSKB Operator Private Limited, Islamabad through Authorized2023 PLJ Islamabad 1 · Islamabad High Court · 2022-09-01Read full judgment →
• WSKB Operator Private Limited through Authorized Representative vs National Highway Authority through Chairman and 20 others2023 MLD 674 · Islamabad High Court · 2022-09-01Read full judgment →
• World of Islam Trust, Islamabad vs Commissioner Inland Revenue, Cto, Islamabad2023 ATIR 8 · Appellate Tribunal Inland Revenue · 2023-10-02Read full judgment →
• Wilayat Khan thr: L.Rs vs Aamir Azad & Others2023 SHC 1162 · Sindh High Court · 2023-12-13Read full judgment →
• Western Textile Industries and another vs The Federation of Pakistan and others2023 CLC 499 · Sindh High Court · 2022-08-31Read full judgment →
• Welfare Association Ali's Luxury Apartment and another vs Mr. Shakeel2023 SHC 1054 · Sindh High CourtRead full judgment →
• Wazir Ali vs The State2023 YLR 1582 · Sindh High Court · 2021-09-13
  post-arrest bailmurderrule of consistencyprohibitory clauseFIR delayplea of alibiocular account
  Summary & questions settled

  This criminal bail application arose from the refusal of the trial court to grant post-arrest bail to the applicant, who was charged with murder and related offences under the Pakistan Penal Code. The core legal question was whether the applicant was entitled to bail based on the rule of consistency, alleged delay in the FIR, and a police inquiry report suggesting an alibi. The High Court held that the applicant was not entitled to bail, as he was specifically nominated in the FIR with a distinct role of causing firearm injuries, which was corroborated by medical evidence. The Court distinguished the applicant's case from co-accused who had been granted relief, noting that the applicant’s specific role precluded the application of the rule of consistency. Furthermore, the Court affirmed that a delay in lodging an FIR is not ipso facto a ground for bail, and that pleas of alibi are matters to be determined during the trial. Consequently, the application was dismissed, emphasizing that the case fell within the prohibitory clause of the Code of Criminal Procedure.

  Questions settled

  • Does the rule of consistency apply to a co-accused when the applicant has been assigned a specific role in the FIR?
  • Is a delay in lodging an FIR an automatic ground for the grant of post-arrest bail?
  • Can a plea of alibi supported by a police inquiry report be determined at the bail stage?
  • Does the existence of tribal enmity between parties entitle an accused to bail in a murder case?
  Read full judgment →
• Wazeer vs Ghulam Qadir alias Ghulam Muhammad and 4 others2023 PCRLJ 1194 · Sindh High Court · 2020-12-14
  criminal acquittal appealbenefit of doubtpresumption of innocenceappellate interferencedelayed FIRappreciation of evidencehurt offences
  Summary & questions settled

  This Criminal Acquittal Appeal challenged the judgment of the trial court which acquitted the respondents of charges under sections 337-F(i), 337-F(iii), and 34 of the Pakistan Penal Code 1860. The core legal question was whether the trial court erred in its assessment of evidence, thereby necessitating interference by the appellate court. The High Court dismissed the appeal, holding that the acquittal was based on a sound appreciation of the record. The court reaffirmed the principle that an acquittal order carries a presumption of innocence, which is further strengthened after trial. Appellate courts must exercise caution and should not interfere with an acquittal unless the trial court’s conclusion is impossible, perverse, or results in a grave miscarriage of justice. In this case, the court found that the 21-day delay in FIR registration, the failure to examine independent witnesses, and material contradictions in the prosecution's evidence created reasonable doubt. Consequently, the trial court correctly extended the benefit of the doubt to the accused, and no grounds existed to disturb the acquittal.

  Questions settled

  • Under what circumstances can an appellate court interfere with an order of acquittal?
  • Does the failure to examine an independent eye-witness justify an inference against the prosecution?
  • What is the legal effect of a significant delay in the registration of an FIR on the prosecution's case?
  • Is an acquittal order subject to interference merely because the appellate court reaches a different conclusion upon reappraisal of evidence?
  Read full judgment →
• Wazeer Ali vs The State2023 SHC 391 · Sindh High Court · 2023-06-02
  criminal appealmurder convictioncompromisecompoundable offenceDiyatminor legal heirsWaliacquittal
  Summary & questions settled

  This matter concerns a criminal appeal filed by the appellant, Wazeer Ali, against his conviction and sentence for the murder of Muhammad Ibrahim under Section 302(b) of the Pakistan Penal Code 1860. During the pendency of the appeal, the legal heirs of the deceased entered into a compromise with the appellant, pardoning him in the name of Allah and waiving claims to Qisas, Diyat, Arsh, and Daman. The core legal question was whether the court could permit the compounding of the offence under Section 345 of the Code of Criminal Procedure 1898, given the existence of minor legal heirs and the nature of the settlement. The Court, after verifying the genuineness of the compromise through a trial court inquiry and confirming the voluntary nature of the agreement, held that the offence was compoundable. The Court allowed the compromise, appointed the widow as Wali for the minor heirs, and accepted the transfer of a residential property in lieu of the minors' Diyat share. The Court laid down the principle that while a compromise may be accepted to foster peace, the acquittal is conditional: any future dispossession of the minors or widow from the settled property by the appellant will result in the cancellation of the compromise and the revival of the conviction.

  Questions settled

  • Can a court accept a compromise in a murder case where minor legal heirs are involved?
  • Is a conviction under Section 302(b) of the Pakistan Penal Code 1860 compoundable upon a settlement between the parties?
  • Can a court impose a condition on a compromise agreement that allows for the cancellation of acquittal if the terms are violated?
  • What procedure must be followed to verify a compromise involving minor legal heirs in a criminal case?
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• Wasim vs The State etc2023 PHC 205, 2024 YLR 1065 · Peshawar High Court · 2023-04-12
  criminal appealhostile witnessmurderbenefit of doubtforensic evidencesafe custody of emptiesunproved motiveacquittal
  Summary & questions settled

  This criminal appeal challenges the judgment of the trial court convicting the appellant for murder under section 302(b) of the Pakistan Penal Code 1860 and under the Arms Ordinance, following an incident where the deceased was shot dead inside the house of the complainant. The core legal questions involved the credibility of the sole eyewitness who was declared hostile, the evidentiary value of delayed forensic recovery of the crime weapon and empties, and the effect of an unproved motive. The Peshawar High Court held that the prosecution failed to establish its case beyond a reasonable doubt, as the sole eyewitness resiled, the recovery of the weapon suffered from unexplained delay without proof of safe custody, and the alleged motive remained unproved. Consequently, the court set aside the conviction and acquitted the appellant. The key principle laid down is that the testimony of a hostile witness requires strong independent corroboration to sustain a conviction, and unexplained delays in sending crime empties and weapons for forensic analysis render the recovery inadmissible.

  Questions settled

  • Can the sole statement of a hostile witness be relied upon for conviction without strong independent corroboration?
  • Does an unexplained delay in sending crime empties and weapons to the forensic laboratory render the recovery inadmissible?
  • What is the effect on the prosecution case when the alleged motive behind a murder remains unproved?
  • Whether twisted facts and suppression of material circumstances by the prosecution entitle the accused to the benefit of doubt?
  Read full judgment →