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.

• Mukammal Shah vs Secretary C&W and others2021 CLC 81 · Peshawar High Court · 2020-09-17Read full judgment →
• Mujeeb Rehman alias Mujahid Jakhro vs The State2021 SHC 858 · Sindh High Court · 2021-07-19Read full judgment →
• Mujahidabad Welfare And Development Organization Jutal through Members vs Provincial Government through Chief Secretary Gilgit-Baltistan and others2022 YLR 565 · Gilgit Baltistan Chief Court · 2020-09-30Read full judgment →
• Mujahid vs State etcPLJ 2021 Cr.C. 1499 · Lahore High Court · 2021-05-24
  post-arrest bailextra-judicial confessionmurdertentative assessmentprohibitory clausecriminal procedure
  Summary & questions settled

  Through this criminal petition, the petitioner Mujahid sought post-arrest bail in a case registered under Sections 302, 148, 149, and 34 of the Pakistan Penal Code 1860 at Police Station City Tandlianwala, District Faisalabad. The core legal question involved whether the petitioner was entitled to post-arrest bail on the ground that the primary evidence against him consisted of an extra-judicial confession, which is considered a weak type of evidence. The Lahore High Court held that sufficient incriminating material, including an extra-judicial confession corroborated by medical evidence and subsequent recoveries of the weapon of offence and motorcycle on the petitioner's pointation, prima facie connected him with the crime, and matters regarding the intrinsic value of confessions should not be deeply appreciated at the bail stage. Consequently, the court dismissed the petition and refused post-arrest bail.

  Questions settled

  • Whether an extra-judicial confession can be used as a corroborative piece of evidence to deny post-arrest bail at the tentative assessment stage?
  • Does the lack of initial nomination in the FIR disentitle the prosecution from relying on subsequent extra-judicial confessions and recoveries?
  • Whether questions relating to the intrinsic value and truthfulness of a confession should be addressed at the bail stage?
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• Mujahid son of Hikmat Khan, R/O Allah Dher, Tehsil Lahore, District Swabi vs2021 P Cr. L J 1114, 2021 PHC 20 · Peshawar High Court · 2021-01-26
  circumstantial evidencemurder referenceforensic delaybenefit of doubtrecovery of weaponacquittal
  Summary & questions settled

  This appeal was filed by the appellant challenging his conviction and death sentence under Sections 302(b) and 392 of the Pakistan Penal Code 1860, and Section 15 of the Khyber Pakhtunkhwa Arms Act 2013, passed by the Additional Sessions Judge-II/Camp Court Lahore Swabi. The prosecution case rested entirely on circumstantial evidence, including the recovery of a pistol, cash, and a mobile phone on the pointation of the appellant, alongside a positive forensic report matching crime empties. The Peshawar High Court observed that the prosecution failed to establish ocular account, and the circumstantial evidence was riddled with contradictions. Specifically, there was an unexplained delay in sending the recovered weapon and empties to the forensic laboratory, which compromised the integrity of the forensic evidence. Furthermore, the place of occurrence was highly doubtful, and the testimony of the deceased's father was deemed belated and uncorroborated. Applying the principle that the benefit of any reasonable doubt must be extended to the accused, the Court allowed the appeal, set aside the conviction, and acquitted the appellant.

  Questions settled

  • What is the evidentiary value of crime empties and a weapon sent to the forensic laboratory with unexplained delay?
  • Can a conviction on a capital charge be sustained solely on circumstantial evidence when the chain of circumstances is broken and contradictory?
  • Whether the benefit of a single reasonable doubt in the prosecution's case must be extended to the accused as a matter of right?
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• Mujahid Hussain vs Director General, Pakistan Rangers (Punjab),Lahore2021 PLJ Tr.C. (Services) 5 · Federal Service Tribunal · 2020-01-31
  probationerdispensing with serviceshow-cause noticeconcealment of factsmoral turpitudedisciplined forceservice appeal
  Summary & questions settled

  This service appeal challenges orders dispensing with the appellant's service as a Sepoy in the Pakistan Rangers (Punjab) during his probation period. The core legal question is whether the services of a probationer in a disciplined force can be dispensed with without a show-cause notice under Rule 13(2) of the Pakistan Rangers (Recruitment) Rules, 1968, when the employee concealed the pendency of a criminal case involving moral turpitude prior to recruitment. The Federal Service Tribunal held that the appointing authority is fully empowered under Rule 13(2) to dispense with the services of a probationer whose work or conduct is unsatisfactory, without issuing a show-cause notice, as fitness and suitability to serve in a disciplined force are subjective matters falling within the employer's domain. The key principle laid down is that termination during probation due to unsatisfactory conduct or concealment of material facts does not amount to dismissal or removal requiring formal disciplinary proceedings under Efficiency and Discipline Rules.

  Questions settled

  • Whether the services of a probationer in the Pakistan Rangers can be dispensed with under Rule 13(2) of the Pakistan Rangers (Recruitment) Rules, 1968 without issuing a show-cause notice?
  • Does concealment of a pending criminal case prior to initial recruitment constitute unsatisfactory conduct during the probation period?
  • Is the appointing authority of a disciplined force the sole judge of a probationer's fitness and suitability for retention in service?
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• Mujahid Hussain Naqvi, r/o B-26, U.C.H.S. Chattar, Muzaffarabad (A.K.) vs2021 P SC 1445, 2021 SC AJK 32 · Supreme Court of Azad Jammu and Kashmir
  review petitionfinality of judgmentpast and closed transactioncivil servicedismissal from serviceappellate jurisdiction
  Summary & questions settled

  This appeal challenges an order passed by the Registrar of the Supreme Court of Azad Jammu and Kashmir, which returned the appellant's application for review of a judgment dated 4.10.2012. The appellant, a former civil servant, had previously been dismissed from service, a decision upheld by the Supreme Court in 2012 after protracted litigation. The appellant subsequently filed multiple unsuccessful applications for review and other relief, all of which were dismissed. The core legal question was whether a litigant can repeatedly file review applications to re-litigate matters that have already attained finality and been adjudicated upon by the Court. The Court held that once a matter has been finalized and previous review petitions have been dismissed, the issues constitute a past and closed transaction that cannot be reopened. The Court affirmed that review jurisdiction is not an appeal and cannot be used to re-argue points already decided. Consequently, the Court dismissed the appeal, finding the Registrar's order to be in accordance with the law and the settled practice of the Court.

  Questions settled

  • Can a party repeatedly file review applications against a judgment that has already attained finality?
  • Is the jurisdiction in review proceedings akin to an appeal?
  • Can a finding that has attained finality by the lapse of time or conduct of parties be reopened?
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• Muhtaddin and 3 others vs Saeed Ali alias Syed Zali and 3 others2021 PLD Peshawar 1 · Peshawar High Court · 2019-12-02Read full judgment →
• Muheeb Ullah vs State through Additional Advocate General, K.P.K2021 YLR 2033 · Peshawar High Court · 2020-11-25
  murdercriminal appealvisual identificationsuspect evidenceabscondencebenefit of doubtcircumstantial evidenceacquittal
  Summary & questions settled

  This criminal appeal challenges the conviction and sentence of the appellant for the murder of his step-brother under Section 302(b) of the Pakistan Penal Code 1860. The core legal question was whether the prosecution established the appellant's guilt beyond reasonable doubt, particularly given the reliance on a single eye-witness and circumstantial evidence. The Peshawar High Court held that the prosecution failed to prove its case. The court found the eye-witness testimony unreliable due to the implausible circumstances of her presence and the lack of proof regarding visibility at the time of the nocturnal occurrence. Furthermore, the court noted that the forensic report did not match the recovered weapon to the crime scene evidence, and the motive remained unproven. The court reiterated that visual identification at night is suspect evidence requiring strong corroboration. Additionally, it held that abscondence alone is insufficient to sustain a conviction when the primary evidence is doubtful. Consequently, the court set aside the trial court's judgment and acquitted the appellant, emphasizing that the benefit of doubt must be extended to the accused.

  Questions settled

  • Can a conviction be sustained solely on the basis of an accused's abscondence?
  • Is visual identification of an accused at night considered reliable without independent corroboration?
  • Does the failure of the prosecution to prove motive weaken the overall case when other evidence is doubtful?
  • Can a conviction be maintained when the forensic report contradicts the prosecution's recovery of the crime weapon?
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• Muhammmad Haris Khan vs State etcPLJ 2021 Cr.C. (Lahore) 181 · Lahore High Court · 2020-11-19
  murder referencebenefit of doubtchance witnesscriminal appealacquittalappreciation of evidencedeath sentence
  Summary & questions settled

  This criminal appeal challenges the conviction and death sentence imposed by the trial court upon the appellant for the murder of the deceased. The core legal question was whether the prosecution successfully proved the appellant's guilt beyond reasonable doubt, given the reliance on eye-witness testimony and circumstantial evidence. The Lahore High Court found significant discrepancies in the prosecution's case, noting the unexplained withholding of material witnesses, including Rescue 1122 officials, and the failure to establish the eye-witnesses' presence at the scene, characterizing them as chance witnesses. Furthermore, the court found the motive evidence vague and the forensic evidence regarding the weapon recovery inconclusive due to the lack of a positive matching report. Consequently, the court held that the prosecution failed to prove its case, creating reasonable doubt regarding the appellant's participation. The conviction and sentence were set aside, the appellant was acquitted, and the murder reference was answered in the negative. The court reaffirmed the principle that even a single circumstance creating reasonable doubt entitles an accused to acquittal as a matter of right.

  Questions settled

  • Does the failure to produce material witnesses, such as rescue officials, create a reasonable doubt in a murder case?
  • Can an accused be acquitted if the prosecution fails to establish the presence of alleged eye-witnesses at the scene of the crime?
  • Is an accused entitled to the benefit of doubt as a matter of right if a single circumstance creates reasonable doubt in a prudent mind?
  • Does the recovery of a weapon without a positive forensic report linking it to the crime carry weight in a murder conviction?
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• Muhammd Bakhash and 2 others vs Inayat Bi and 13 others2021 YLR 1562 · High Court of Azad Jammu and Kashmir · 2020-09-19Read full judgment →
• Muhammad Zubair Waseem vs The State & another2021 LHC 4585, 2022 P Cr. L J 1382 · Lahore High Court · 2021-09-08
  post-arrest bailfurther inquiryabduction for ransomcontradictions in statementsrule of consistencycriminal procedure
  Summary & questions settled

  This matter arises from petitions seeking post-arrest bail in a criminal case registered under Sections 365-A of the Pakistan Penal Code 1860 and 155-C of the Police Order 2002 regarding the alleged abduction of the complainant's brother for ransom. The core legal question is whether the petitioners are entitled to bail on the grounds of further inquiry due to material contradictions in the statements of prosecution witnesses and the principle of consistency arising from the grant of bail to co-accused. The court held that substantial contradictions concerning the place of abduction, lack of corroborative material for alleged ATM withdrawals, and differing stances on ransom calls bring the case within the scope of further inquiry under Section 497(2) of the Code of Criminal Procedure 1898. Additionally, co-accused with identical roles having been granted bail entitled the petitioners to the same relief. The court laid down the principle that where material contradictions exist in the statements of key prosecution witnesses creating a reasonable possibility of a second view of the guilt, the accused is entitled to post-arrest bail under the spirit of further inquiry.

  Questions settled

  • Does a material contradiction in the statements of the abductee and the complainant bring a case within the purview of further inquiry under Section 497(2) of the Code of Criminal Procedure 1898?
  • Whether an accused is entitled to post-arrest bail on the rule of consistency when co-accused with identical roles have already been granted bail?
  • Can bail be granted when the investigating officer fails to collect corroborative material regarding alleged ATM withdrawals mentioned by the abductee?
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• Muhammad Zia Ud Din vs Ghaffar Khan and 2 others2021 MLD 872 · Islamabad High Court · 2020-09-30Read full judgment →
• Muhammad Zeeshan vs The State2021 MLD 60 · Balochistan High Court · 2020-03-19
  criminal revisioncriminal breach of trustfalse FIRcriminal negligencebenefit of doubtappreciation of evidencemens reapresumptions and assumptions
  Summary & questions settled

  This criminal revision petition arose from concurrent judgments of the lower courts convicting the petitioner, a police constable, under sections 182, 211, and 409 of the Pakistan Penal Code 1860 for allegedly lodging a false FIR regarding the theft of an official Kalashnikov and committing criminal breach of trust. The core legal question was whether a criminal conviction for embezzlement and lodging a false information can be sustained when the prosecution's case rests entirely on presumptions and assumptions arising from the delayed deposit of official property rather than tangible incriminatory evidence. The Balochistan High Court held that convictions cannot be based on mere presumptions and that the petitioner's failure to deposit the weapon amounted at most to civil or departmental negligence rather than criminal liability, especially absent proof of mens rea. The court laid down the principle that the degree of negligence in criminal law must be gross or of a very high degree, and that the benefit of any doubt arising from a lack of incriminatory evidence and the existence of competing reasonable hypotheses must be extended to the accused.

  Questions settled

  • Can a criminal conviction for embezzlement be sustained solely on the basis of presumptions and assumptions drawn from the non-deposit of official property?
  • What degree of negligence is required to establish criminal liability as distinguished from civil or departmental negligence?
  • Whether concurrent findings of lower courts based on wrong presumptions and ignoring material doubts are sustainable in criminal revision?
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• Muhammad Zaman and others vs The State and othersPLJ 2021 Cr.C. (Lahore) 392 · Lahore High Court
  murderocular evidencebenefit of doubtdying declarationcorroborationacquittalcriminal appealmotive
  Summary & questions settled

  This matter involves criminal appeals against convictions for murder and related offenses arising from a triple homicide. The core legal question is whether the prosecution established the guilt of the appellants beyond reasonable doubt, particularly when the ocular evidence was found inconsistent, the alleged motive remained unproven, and co-accused were acquitted on the same evidence. The Court held that the prosecution failed to prove its case, noting that the eye-witnesses were unreliable, their testimony conflicted with medical evidence, and the prosecution failed to produce key witnesses or establish the motive. Furthermore, the Court observed that the acquittal of co-accused on the same evidence rendered the ocular account deficient without independent corroboration. The key principle laid down is that where eye-witnesses are disbelieved against some accused persons, their testimony cannot be relied upon against other accused persons for conviction unless supported by independent corroboration. Consequently, the Court set aside the convictions and sentences, answered the murder references in the negative, and dismissed the complainant's appeals for acquittal reversal and sentence enhancement.

  Questions settled

  • Can the testimony of eye-witnesses be relied upon against remaining accused if the same witnesses were disbelieved regarding other co-accused in the same case?
  • Does the failure of the prosecution to prove the motive set up in the FIR entitle the accused to the benefit of doubt?
  • Is a dying declaration recorded without the presence of a doctor or a magistrate reliable when it lacks verification?
  • What is the legal consequence of the prosecution's failure to produce material witnesses whose statements were recorded under Section 161 of the Code of Criminal Procedure 1898?
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• Muhammad Zaman and others vs Syed Zain-ul Abideen and others2021 PHC 164, 2022 CLC 277 · Peshawar High Court · 2021-03-08Read full judgment →
• Muhammad Zaman alias Kotay vs The State and another2021 PHC 182 · Peshawar High Court · 2021-05-20Read full judgment →
• Muhammad Zaid vs Ex-Officio Justice Of Peace etc2021 PLJ Lahore 920 · Lahore High Court · 2021-09-29Read full judgment →
• Muhammad Zahir Shah vs Amin-ur-Rehman2021 PHC 366 · Peshawar High Court · 2021-11-11Read full judgment →
• Muhammad Zahid vs The State and another2021 LHC 4378 · Lahore High Court · 2021-06-03
  post-arrest bailtraffic accidentprohibitory clauseqatl-bis-sababfurther inquirybail not jailrash and negligent driving
  Summary & questions settled

  This is a post-arrest bail petition filed under Section 497 of the Code of Criminal Procedure 1898 arising out of a traffic accident resulting in multiple fatalities and injuries, involving charges under Sections 322, 337-G, and 427 of the Pakistan Penal Code 1860. The core legal question concerns whether the petitioner is entitled to post-arrest bail where questions of criminal responsibility, applicability of specific penal provisions regarding rash and negligent driving, and the non-prohibitory nature of the offence are in issue. The Lahore High Court held that the case calls for further inquiry regarding the precise cause of the accident and the applicability of penal provisions, and since Section 322 of the Pakistan Penal Code 1860 does not attract the prohibitory clause of Section 497, the rule of 'bail not jail' applies. The key principles laid down include that offences not falling within the prohibitory clause warrant bail as a general rule, that mere commencement of trial is no ground to refuse bail, and that the heinousness of an offence alone does not bar bail when the statutory criteria are met.

  Questions settled

  • Whether an offence punishable under Section 322 of the Pakistan Penal Code 1860 attracts the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898?
  • Does the mere commencement of a trial constitute a sufficient ground for the refusal of post-arrest bail?
  • Can the heinousness of an alleged offence alone serve as a ground to refuse bail to an accused who is otherwise entitled to it?
  • Whether a case involving conflicting evidence regarding multiple vehicle collisions and responsibility for a fatal traffic accident constitutes a case of further inquiry under Section 497(2) of the Code of Criminal Procedure 1898?
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• Muhammad Zahid Aslam & another vs The State & anotherPLJ 2021 SC (Cr.C.) 87, 2021 P SC (Crl.) 586, 2021 SCMR 554, 2021 SCP 56 · Supreme Court of Pakistan · 2021-02-10
  pre-arrest bailmala fidecivil disputecriminal prosecutionextraordinary remedytentative assessment
  Summary & questions settled

  This matter concerns the grant of pre-arrest bail in a criminal case involving allegations of fraud and extortion. The complainant alleged that the petitioners, claiming to be spiritual figures, defrauded him of significant funds and vehicles through threats and sorcery. The petitioners denied the allegations, asserting that the criminal case was a mala fide attempt to convert a pre-existing civil dispute into criminal litigation. Upon review, the Supreme Court noted the existence of documented financial transactions and a prior civil suit between the parties, which were conspicuously absent from the initial crime report. The Court held that the criminal prosecution appeared to be a tool for harassment rather than a genuine pursuit of justice, noting that the liberal application of non-bailable penal provisions without sufficient prima facie evidence suggested an improper collaboration between the complainant and the police. Consequently, the Court confirmed the petitioners' pre-arrest bail, establishing the principle that pre-arrest bail is an extraordinary remedy to protect citizens from harassment and that criminal processes should not be used to settle civil disputes.

  Questions settled

  • Is pre-arrest bail an appropriate remedy when a criminal case is initiated to settle a civil dispute?
  • Does the existence of prior civil litigation and documented financial transactions between parties undermine the prima facie case for criminal fraud?
  • Can the liberal application of non-bailable penal provisions without sufficient evidence indicate mala fide intent in criminal proceedings?
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• Muhammad Zahid Amjad vs The State and others2022 YLR 958 · Lahore High Court · 2021-10-04
  pre-arrest bailmala fidebelated FIRcriminal liabilityextraordinary reliefright to fair trialvicarious liability
  Summary & questions settled

  This petition concerns an application for pre-arrest bail in a murder case registered under sections 302, 148, and 149 of the Pakistan Penal Code 1860. The core legal question is whether the petitioner is entitled to pre-arrest bail where the prosecution’s case relies on a belated nomination of the accused, occurring over two years after the incident, and where there is a lack of independent incriminating material. The Court held that the petitioner is entitled to pre-arrest bail, concluding that the prosecution failed to provide sufficient evidence to connect the petitioner to the crime and that the circumstances strongly suggested the petitioner was implicated due to prior litigation between the parties, indicating mala fide intent. The key principle laid down is that pre-arrest bail is an extraordinary relief intended to protect against victimization and humiliation. Mala fide intent can be validly inferred from the facts and circumstances of the case, such as unexplained delays in nomination or lack of incriminating material, without requiring the accused to provide independent positive proof of malice.

  Questions settled

  • Can mala fide intent for the purpose of pre-arrest bail be inferred from the facts and circumstances of a case?
  • Is an accused entitled to pre-arrest bail when there is a significant, unexplained delay in their nomination in the FIR?
  • Does the lack of incriminating material against an accused constitute a valid ground for granting pre-arrest bail?
  • Can a court examine the merits of a case during the hearing of a pre-arrest bail application?
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• Muhammad Zaheer vs Abdul Majeed2021 CLD 1408, 2021 LHC 4494 · Lahore High Court · 2021-09-08Read full judgment →
• Muhammad Zafar Iqbal vs Sadozai Khan and 2 others2021 YLR 1206 · Lahore High Court · 2020-03-16
  pre-emptionzar-e-soemTalb-i-Ishhadstatutory periodlimitationregistered postAcknowledgement Duecivil revision
  Summary & questions settled

  This civil revision arose from the concurrent dismissal of a pre-emption suit by the lower courts. The petitioner sought possession of land based on superior pre-emptive rights, but the suit was dismissed on two primary grounds: the late deposit of zar-e-soem and the failure to prove the performance of requisite talbs. The core legal question was whether the thirty-day period for depositing one-third of the sale price under Section 24 of the Punjab Pre-emption Act, 1991, allows for the exclusion of the day of institution. The High Court held that the Act is a special law providing a fixed time limit and specific manner of computation, meaning the General Clauses Act cannot be applied to extend the period or exclude the starting day. Consequently, a deposit on the 31st day is fatal to the suit. Furthermore, the Court ruled that the failure to specifically plead and prove that notices of Talb-i-Ishhad were sent via registered post with Acknowledgement Due cards during affirmative evidence constitutes a fatal procedural defect.

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• Muhammad Zafar etc vs Muhammad Saeed etc2021 PLJ Lahore 722 · Lahore High Court · 2021-03-03Read full judgment →
• Muhammad Zada vs The State through Additional Advocate General and 22021 YLR 1415 · Peshawar High Court · 2020-09-28
  superdarichassis tamperingbona fide purchasermotor vehicle registrationforensic science laboratory reportvehicle seizure
  Summary & questions settled

  This judgment addresses multiple criminal petitions seeking the return (superdari) of various motor vehicles seized by police on suspicion of chassis number tampering. The core legal question is whether vehicles with tampered, welded, or refitted chassis numbers can be released to petitioners who claim to be bona fide purchasers. The Peshawar High Court dismissed the petitions, holding that such vehicles cannot be allowed to ply on public roads. The court affirmed that forensic science laboratory (FSL) reports regarding chassis tampering carry a presumption of truth. It established that a claim of bona fide purchase does not entitle a petitioner to the custody of a tampered vehicle, as such vehicles pose significant security risks and violate motor vehicle regulations. The court directed that petitioners must seek redress against vendors in civil courts. Additionally, to ensure procedural integrity, the court mandated that police must photograph vehicles and their chassis plates at the time of seizure, noting that recovery memos lacking such documentation may be rejected by Judicial Magistrates during inquiries under Section 156(3) of the Code of Criminal Procedure.

  Questions settled

  • Can a vehicle with a tampered, welded, or refitted chassis number be released on superdari to a claimant?
  • Does a claim of being a bona fide purchaser entitle a person to the custody of a vehicle with a tampered chassis?
  • What is the legal requirement for police regarding the documentation of seized vehicles to ensure procedural integrity?
  • Are owners of motor vehicles legally required to report transfers of ownership and alterations to the registering authority?
  Read full judgment →
• Muhammad Zabit vs The State2021 PHC 272, 2022 P Cr. L J 1385 · Peshawar High Court · 2021-07-16
  guilty pleasentencingnarcoticscriminal appealprocedural fairnessmitigation of sentence
  Summary & questions settled

  This criminal appeal challenges the conviction and sentence imposed by the trial court following the appellant's plea of guilt in a narcotics case involving the recovery of 360 grams of chars. The core legal question concerns the propriety of the sentence awarded after a guilty plea and whether the trial court adhered to the necessary procedural safeguards before accepting such a plea. The Court held that while Section 412 of the Code of Criminal Procedure 1898 restricts appeals against convictions based on guilty pleas, the appellate court retains the authority to review the legality and extent of the sentence. The judgment establishes that when an accused pleads guilty, the court must ensure the plea is voluntary and that the accused fully understands the implications of the charge. Furthermore, it emphasizes that if a court intends to impose a severe sentence despite a guilty plea, it must forewarn the accused. Finding the original four-year sentence harsh, the Court modified it to the period already served and set aside the fine.

  Questions settled

  • Does Section 412 of the Code of Criminal Procedure 1898 bar an appeal against the extent of a sentence imposed after a plea of guilt?
  • What procedure must a trial court follow before accepting a plea of guilt to ensure it is voluntary and informed?
  • Is a trial court required to forewarn an accused of the potential severity of a sentence if it intends to impose a maximum punishment despite a guilty plea?
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• Muhammad Yousaf vs The State, etc2021 LHC 5816 · Lahore High Court · 2021-10-26Read full judgment →
• Munawar and another vs The State2022 YLR 198 · Federal Shariat Court · 2021-04-30
  robbery with murderidentification paradedelayed FIRconfessional statementbenefit of the doubtcriminal appealhudood
  Summary & questions settled

  This criminal appeal challenges the judgment of the trial court convicting the appellants under Section 17(4) of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979, and sentencing them to death for murder during a robbery, along with a connected murder reference. The core legal questions involved the reliability of a delayed FIR, the evidentiary value of an identification parade conducted without prior description of the accused in the FIR, and the legal weight of an exculpatory and delayed confessional statement. The Federal Shariat Court held that unexplained delay in lodging the FIR, material contradictions between eyewitnesses, lack of physical descriptions in the initial report rendering the identification parade legally ineffective, and an uncorroborated, exculpatory confessional statement created insurmountable doubts in the prosecution's case. Consequently, the court set aside the convictions and death sentences, extended the benefit of the doubt to the appellants, and acquitted them.

  Questions settled

  • Does an unexplained delay in lodging the First Information Report vitiate the prosecution case?
  • What is the evidentiary value of an identification parade when the accused were complete strangers and no physical description was provided in the initial FIR?
  • Can an exculpatory and delayed confessional statement be used to sustain the conviction of an accused or a co-accused without independent corroboration?
  • Does an investigation conducted prior to the formal lodging of an FIR carry legal efficacy?
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• Muhammad Yousaf vs Allah Ditta2021 PLJ Lahore 517 · Lahore High Court · 2020-09-29Read full judgment →
• Muhammad Yousaf vs Allah Ditta and others2021 P SC 1435, 2021 SCMR 1241, 2021 SCP 208 · Supreme Court of Pakistan · 2021-06-08
  specific performancebona fide purchaserreadiness and willingnessbalance sale considerationTransfer of Property ActSpecific Relief Actcivil appealcontract law
  Summary & questions settled

  This civil appeal arose from a suit for specific performance of a contract for the sale of land. The plaintiff (respondent No. 1) alleged that the seller (respondent No. 6) failed to perform his part of the agreement, while the seller contended the plaintiff failed to pay the balance consideration by the stipulated date, leading the seller to sell the property to the petitioner. The Trial Court dismissed the suit, but the Additional District Judge and the High Court decreed it in favor of the plaintiff. The Supreme Court set aside the concurrent findings, holding that a plaintiff seeking specific performance must demonstrate readiness, ability, and willingness to perform their contractual obligations. The Court observed that the plaintiff failed to tender or deposit the balance consideration for nearly twenty years. Furthermore, the Court held that the petitioner was a bona fide purchaser for value without notice, as the transaction was finalized before the suit was filed. The Court emphasized that belonging to the same clan as the seller is insufficient to disprove bona fide status.

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• Muhammad Yousaf vs Additional District Judge, Fereozewala, District2021 LHC 7641 · Lahore High CourtRead full judgment →
• Muhammad Yousaf vs Additional District And Sessions Judge-VII, (West)2021 YLR 43 · Islamabad High Court · 2020-09-11Read full judgment →
• Muhammad Yousaf and others vs Nazeer Ahmed Khan (Deceased)2021 SCMR 1775, 2021 SCP 332, 2022 PSC 326 · Supreme Court of Pakistan · 2021-08-12
  Order XXIII Rule 1 CPCformal defectrevisional jurisdictionwithdrawal of suitlimitationspecific reliefcivil litigation
  Summary & questions settled

  This petition challenged a High Court order permitting the withdrawal of a suit with liberty to file a fresh one under Order XXIII, Rule 1, C.P.C. The core legal question concerned the scope of "formal defect" and the propriety of allowing such withdrawal after the case had been decided on merits by lower courts. The Supreme Court held that the High Court exceeded its revisional jurisdiction. The Court clarified that a "formal defect" must be procedural and not a substantive issue affecting the root of the claim. Since the respondent’s suit suffered from inherent, fatal defects—specifically the failure to challenge underlying title documents—it could not be cured by filing a fresh suit. The Court emphasized that Order XXIII, Rule 1, C.P.C. cannot be utilized to allow a party to "plug loopholes" or re-litigate a matter after decades of proceedings, particularly when the fresh suit would be patently barred by limitation. Consequently, the Court set aside the impugned judgment, restoring the trial and appellate court decrees that dismissed the suit.

  Questions settled

  • What constitutes a 'formal defect' under Order XXIII, Rule 1, C.P.C. for the purpose of withdrawing a suit with liberty to file a fresh one?
  • Can a court grant permission to withdraw a suit with liberty to file a fresh one after the case has been decided on merits by the trial and appellate courts?
  • Does the failure to challenge underlying title documents in a suit for possession constitute a formal defect or a fatal defect?
  • Is a court justified in allowing the withdrawal of a suit if the proposed fresh suit would be barred by the law of limitation?
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• Muhammad Yousaf and another vs The State and another2022 SCMR 840 · Supreme Court of Pakistan · 2021-12-07
  post-arrest bailnarcotics controlpiecemeal recoverymultiple FIRstentative assessmentcriminal investigation
  Summary & questions settled

  This matter concerns petitions for post-arrest bail filed by Muhammad Yousaf and Ehsan Ullah, who were apprehended in possession of a significant quantity of cannabis concealed within a vehicle. The core legal question was whether the registration of multiple First Information Reports (FIRs) for a single transaction, due to the piecemeal discovery of narcotics concealed in various vehicle cavities, constituted a sham exercise sufficient to entitle the petitioners to bail. The Supreme Court held that the police were justified in registering separate cases as recoveries were made, given the complexity of the concealment and the necessity of using specialized equipment to extract the contraband. The Court found that the investigative process was systematic and reasonable under the circumstances. Consequently, the Court declined to grant leave to appeal, holding that the substantial quantity of narcotics recovered, supported by witness statements and investigative material, attracted the mischief of the relevant narcotics legislation, thereby barring the petitioners' release on bail at this stage.

  Questions settled

  • Whether the registration of multiple FIRs for a single transaction involving narcotics is permissible when recoveries are made in piecemeal fashion?
  • Does the discovery of a large quantity of narcotics concealed in a vehicle, supported by witness statements, constitute sufficient grounds to deny post-arrest bail?
  • Can the police be faulted for registering separate cases as and when narcotics are recovered during an extended search of a vehicle?
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• Muhammad Yousaf & others vs Nazeer Ahmed Khan (deed) through LRs, etc2021 SCP 332 · Supreme Court of Pakistan · 2021-08-12
  withdrawal of suitliberty to file fresh suitformal defectrevisional jurisdictionlimitation barsuit for possessioninherent defect
  Summary & questions settled

  This matter arises from a petition for leave to appeal against a Lahore High Court judgment that disposed of a civil revision by permitting the respondents to withdraw their original suit with liberty to file a fresh one. The core legal question was whether the High Court correctly exercised its revisional jurisdiction under Order 23 Rule 1 of the Code of Civil Procedure 1908 by allowing the withdrawal of a long-standing suit and granting permission to institute a fresh suit where the original suit suffered from substantial and inherent defects rather than mere formal defects, and was barred by limitation. The Supreme Court of Pakistan held that permission to withdraw a suit with liberty to file a fresh one cannot be granted when the defect goes to the root of the case and affects its merits, or where a fresh suit would be heavily barred by limitation. The Court laid down the principle that a 'formal defect' under Order 23 Rule 1 CPC must be strictly confined to matters of form not affecting the merits, and courts cannot permit a plaintiff to circumvent concurrent adverse findings on merits or cure fundamental legal deficiencies decades after the institution of the original proceedings.

  Questions settled

  • Can a plaintiff be permitted to withdraw a suit with liberty to file a fresh suit when the defect in the original suit goes to the root of the case and affects its merits?
  • What constitutes a 'formal defect' under Order 23 Rule 1 of the Code of Civil Procedure 1908?
  • Whether a revisional court can grant permission to withdraw a suit and file a fresh one after the case has been fully tried and decided on merits by the lower courts?
  • Does an order granting permission to withdraw a suit override the applicable law of limitation for instituting a fresh suit decades later?
  Read full judgment →
• Muhammad Younus vs Pakistan Post through Divisional Superintendent, Sialkot2021 CLC 126 · Lahore High Court · 2020-06-18Read full judgment →
• Muhammad Younis vs The State2021 P Cr. L J 851 · Sindh High Court · 2020-10-29
  unlicensed weaponrecoverypolice evidencereasonable doubtsafe custodysafe transmissioncriminal appealacquittal
  Summary & questions settled

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

  Questions settled

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

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

  Questions settled

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

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

  Questions settled

  • Does the failure to associate independent witnesses during recovery proceedings in a populated area invalidate the recovery?
  • Can a conviction be sustained when the prosecution fails to prove the safe custody and transit of case property to the forensic laboratory?
  • Does an unexplained delay in lodging an FIR create a reasonable doubt regarding the prosecution's version of events?
  • Is the recovery of incriminating articles sufficient to sustain a conviction if the primary ocular evidence is disbelieved?
  Read full judgment →
• Muhammad Younas vs The State & another2021 LHC 7395 · Lahore High Court · 2021-11-30
  criminal revisionattempted murderreasonable doubtmedical evidenceinjured witnessforensic evidenceFIR delayacquittal
  Summary & questions settled

  This criminal revision challenges the dismissal of an appeal by the Additional Sessions Judge, which upheld the petitioner's conviction under Sections 324 and 337-F(iii) of the Pakistan Penal Code 1860 for attempted murder. The core legal question was whether the prosecution proved the accused's guilt beyond reasonable doubt amidst significant evidentiary inconsistencies. The High Court allowed the revision, set aside the lower courts' judgments, and acquitted the petitioner. The Court held that the prosecution bears the burden of proof and cannot rely on defense weaknesses. It established that an injured witness's testimony is not automatically credible and must be scrutinized like any other witness. Crucially, the Court found that medical evidence contradicting the site plan regarding firing distance—evidenced by blackening on wounds—and the unexplained delay in FIR registration, coupled with the fact that the FIR was drafted by an advocate after consultation, created reasonable doubt. Additionally, forensic evidence submitted with significant delay lacks evidentiary value. Consequently, the prosecution failed to meet the required standard of proof, necessitating the petitioner's acquittal.

  Questions settled

  • Does the testimony of an injured witness automatically constitute a stamp of credence on the prosecution's case?
  • What is the evidentiary value of forensic reports when the weapon and empty shells are submitted to the laboratory with significant delay?
  • Can a conviction be sustained when medical evidence regarding firing distance contradicts the site plan?
  • Does the fact that an FIR was drafted by an advocate after consultation affect its veracity?
  Read full judgment →
• Muhammad Younas Qureshi, through Special Power of Attorney vs Messrs2021 CLC 1461 · Lahore High Court · 2021-05-31Read full judgment →
• Muhammad Younas and another vs The State2021 KLR Criminal Cases 170 · Lahore High Court
  murderchance witnessinterested witnessbenefit of doubtdelayed FIRmaterial improvementspolice opinioncriminal appeal
  Summary & questions settled

  This judgment disposes of a criminal appeal against conviction, a criminal revision for enhancement of sentence, and a petition for leave to appeal against acquittal, all arising from a private complaint and a state case under sections 364, 302, 148, and 149 of the Pakistan Penal Code 1860. The trial court had convicted the appellants for qatl-i-amd. The core legal questions involved the credibility of chance and interested witnesses, material improvements in testimony, unexplained delays in reporting the crime and conducting the post-mortem examination, and the corroborative value of motive and police investigation opinions. The Lahore High Court held that the prosecution miserably failed to establish its case beyond a reasonable doubt due to unexplained delays, unreliable and improved testimony of chance and partisan witnesses, and contradictions with medical evidence. The court concluded that the benefit of the doubt must be extended to the accused. The key principle laid down is that the testimony of chance and interested witnesses, when fraught with material improvements and uncorroborated by independent evidence or medical findings, cannot form the basis of a conviction in criminal cases.

  Questions settled

  • Whether the testimony of chance and interested witnesses can be relied upon without independent corroboration when they make material improvements during trial?
  • Does an unexplained delay in reporting the matter to the police and conducting the post-mortem examination cast serious doubt on the prosecution's case?
  • Can a conviction for murder be sustained when the ocular account is in direct conflict with the medical evidence?
  • What is the evidentiary value of unanimous police opinions declaring the accused innocent during the course of investigation?
  Read full judgment →
• Muhammad Yasir vs The State and others2021 P Cr. L J 895 · Lahore High Court · 2018-01-12
  rash and negligent drivingjuvenility pleadual convictionenhancement of sentenceDamancriminal revisionappellate jurisdiction
  Summary & questions settled

  This criminal revision petition arises out of concurrent findings of lower courts convicting the petitioner for rash and negligent driving causing hurt. The core legal questions involved whether a plea of juvenility can be raised belatedly, whether an accused can be simultaneously convicted under both section 279 and section 337-G of the Pakistan Penal Code for the same act, and whether an appellate court can enhance a sentence of Daman in an appeal filed solely by the convict. The Lahore High Court held that a plea of minority must be raised at the earliest opportunity and cannot be sprung at a late stage. It further held that an offender cannot be legally convicted and sentenced simultaneously under both section 279 and section 337-G, P.P.C., where rash driving actually results in hurt, as the latter subsumes the former for the same transaction. Additionally, the court ruled that an appellate court cannot enhance a sentence when only the convict has appealed and no enhancement petition was filed. The petition was partly allowed, setting aside the section 279 conviction and restoring the original Daman amount.

  Questions settled

  • At what stage must an accused raise a plea of minority or juvenility during criminal proceedings?
  • Can an accused be legally convicted and sentenced simultaneously under both section 279 and section 337-G of the Pakistan Penal Code 1860 for the same accident?
  • Does an appellate court have the jurisdiction to enhance a sentence of Daman when only the convict has appealed against the conviction and no appeal or revision for enhancement has been filed by the state or complainant?
  • What constitutes the appropriate application of section 337-G versus section 279 of the Pakistan Penal Code 1860 in traffic accident cases involving hurt?
  Read full judgment →
• Muhammad Yasir vs State etcPLJ 2021 Cr.C. 1133 · Lahore High Court · 2021-04-21
  post-arrest bailillegal gratificationtrap raidprohibitory clausecorruptionbailable offence
  Summary & questions settled

  Through this petition under Section 497 of the Code of Criminal Procedure 1898, the petitioner Muhammad Yasir sought post-arrest bail in case FIR No. 08/2021 registered under Sections 161 and 162 of the Pakistan Penal Code 1860 read with Section 5(2) of The Prevention of Corruption Act 1947. The prosecution alleged that the petitioner received tainted currency notes of Rs. 10,000/- handed over by the complainant to his wife, a public servant. The core legal questions involved whether Section 5(2) of The Prevention of Corruption Act 1947 applied to a non-public servant husband and whether essential ingredients of a trap were fulfilled. The court held that since the petitioner was not a public servant, Section 5(2) was not attracted, leaving at best a bailable offence under Section 162 of the Pakistan Penal Code 1860, and noted that essential trap ingredients were lacking. The court admitted the petitioner to post-arrest bail, laying down that bail ought not to be withheld as a punishment and that pre-trial incarceration serves no useful purpose when investigation is complete and offences do not fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898.

  Questions settled

  • Whether Section 5(2) of The Prevention of Corruption Act 1947 applies to a person who is not a public servant?
  • Does an offence under Section 161 or Section 162 of the Pakistan Penal Code 1860 fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898?
  • Can post-arrest bail be granted when the investigation is concluded and the accused's physical custody is no longer required?
  • Whether bail should be withheld by way of punishment?
  Read full judgment →
• Muhammad Yasir vs Additional District Judge, Islamabad-West etc2021 IHC 164 · Islamabad High Court · 2021-04-09Read full judgment →
• Muhammad Yasir vs Additional District Judge, Islamabad-West and others2021 L R 1676 · Islamabad High Court · 2021-04-09Read full judgment →
• Muhammad Yasin vs Additional District Judge-VII, West, Islamabad and others2022 MLD 186 · Islamabad High Court · 2021-04-22Read full judgment →
• Muhammad Yaseen vs The StatePLJ 2021 SC (Cr.C.) 173, 2021 P SC (Crl.) 167, 2021 SCMR 404 · Supreme Court of Pakistan · 2020-10-22
  benefit of doubtcircumstantial evidencerecovery of corpseSection 342 CrPCdelay in FIRanti terrorism courtacquittal
  Summary & questions settled

  This criminal appeal arose from the conviction and life sentence of the appellant under Section 7(a) of the Anti-Terrorism Act 1997 and Sections 302(b) and 148 of the Pakistan Penal Code 1860, following the abduction and murder of the deceased. The prosecution relied primarily on an alleged disclosure by the appellant leading to the recovery of a putrefied corpse from an open location, a subsequent recovery of a firearm, and witness identification. The Supreme Court evaluated the sufficiency and reliability of this circumstantial evidence. The Court found significant flaws in the prosecution's case, including an unexplained delay in reporting the incident, the highly decomposed state of the corpse which contradicted the alleged recovery circumstances, and the recovery of evidence from an easily accessible public site. Additionally, the omitted disclosure in the Section 342 Cr.P.C. examination and delayed seizure of empty casings further undermined the evidence chain. Granting the benefit of doubt, the Supreme Court set aside the conviction and acquitted the appellant.

  Questions settled

  • Does the discovery of a body from an open and accessible place based on an accused's disclosure constitute reliable circumstantial evidence?
  • Can a conviction be sustained when key incriminating disclosures are omitted during the examination of the accused under Section 342 of the Code of Criminal Procedure 1898?
  • What impact does an unexplained delay in lodging an FIR have on the credibility of the prosecution's case in a murder trial?
  Read full judgment →
• Muhammad Yaseen vs StatePLJ 2021 Cr.C. 987 · Lahore High Court · 2020-12-08
  criminal appealmurder referencebenefit of doubtchance witnessesrecovery of weaponacquittalQatl-i-Amd
  Summary & questions settled

  This criminal appeal challenges the conviction and death sentence imposed on the appellant, Muhammad Yaseen, by the trial court for the murder of Muhammad Imran. The core legal question was whether the prosecution had proven the appellant's guilt beyond a reasonable doubt, given the inconsistencies in eyewitness testimony, the lack of a reliable motive, and the questionable recovery of the weapon. The Lahore High Court held that the prosecution failed to establish the appellant's presence and participation. The court noted that the eyewitnesses were chance witnesses who failed to justify their presence, the motive was unsubstantiated, and the recovery of the weapon from an open, accessible place was unbelievable. Furthermore, the court highlighted discrepancies between the medical evidence and the eyewitness accounts regarding the nature of the injury. Consequently, the court set aside the conviction and acquitted the appellant, emphasizing the principle that a single circumstance creating reasonable doubt in a prudent mind entitles the accused to an acquittal as a matter of right, not grace.

  Questions settled

  • Does the recovery of an incriminating weapon from an open and accessible place constitute reliable evidence?
  • Is an accused entitled to the benefit of doubt as a matter of right when a single circumstance creates reasonable doubt in a prudent mind?
  • Can a conviction be sustained when eyewitnesses fail to establish their presence at the scene of the crime and provide inconsistent testimony?
  Read full judgment →
• Muhammad Yaqub Qureshi vs Chief Land Commissioner and others2021 MLD 1165 · Lahore High Court · 2020-03-01Read full judgment →
• Muhammad Yaqoob vs StatePLJ 2021 Cr.C. 1695 · Peshawar High Court · 2021-07-08
  post-arrest bailstatutory delaynarcotics recoverysafe custody of samplesFSL report
  Summary & questions settled

  The petitioner, Muhammad Yaqoob, sought post-arrest bail on the fresh ground of statutory delay in a case registered under Section 9-D of the Control of Narcotic Substances Act, 1997, arising from the alleged recovery of 2020 grams of heroin and 2075 grams of chars from his motorbike. The core legal question was whether the petitioner was entitled to bail on the grounds of statutory delay and debatable safe custody of the recovered narcotics. The Peshawar High Court held that the safe custody of the contraband was a matter of further probe due to delays and discrepancies in transmitting samples to the FSL, and noted that the trial had been delayed due to the non-availability of prosecution witnesses. The court accepted the petition and admitted the accused to post-arrest bail, establishing that unexplained delays in sample transmission and prosecution lapses regarding witness attendance can constitute sufficient grounds for further inquiry warranting the grant of bail.

  Questions settled

  • Whether delayed transmission of narcotic samples to the FSL makes the safe custody of the contraband a matter of further probe?
  • Can statutory delay arising from the non-availability of prosecution witnesses serve as a ground for granting post-arrest bail?
  • Whether the recovery of a huge quantity of narcotics disentitles an accused to bail when trial delays are attributable to the prosecution?
  Read full judgment →
• Muhammad Yaqoob vs Muhammad Hanif through his legal heirs and others2021 PLJ Lahore 532 · Lahore High CourtRead full judgment →
• Muhammad Yaqoob vs Hydro-Carbon Development Institute Of Pakistan2021 PLC (C.S.) 740 · Islamabad High Court · 2019-11-08
  disciplinary proceedingsstatutory rulesefficiency and disciplinenatural justiceright to fair hearingcharge sheetservice lawwrit jurisdiction
  Summary & questions settled

  This writ petition challenged a disciplinary order imposing a minor penalty of withholding annual increments on the petitioner, an employee of the Hydrocarbon Development Institute of Pakistan (H.D.I.P.). The core legal question was whether the disciplinary proceedings complied with the mandatory procedural requirements of the Government Servants (Efficiency and Discipline) Rules, 1973, specifically the obligation to frame a charge and communicate it alongside a statement of allegations, and the right to a personal hearing. The Court held that the disciplinary proceedings were fundamentally flawed due to the failure to provide the petitioner with a charge sheet and statement of allegations, which are mandatory prerequisites under Rule 6(1) of the E&D Rules. Consequently, the Court set aside the original penalty order and the subsequent appellate order, which was found to be unreasoned. The judgment establishes that strict adherence to procedural safeguards in disciplinary inquiries is essential to ensure a reasonable opportunity of defense, and non-compliance renders such proceedings a nullity. The Court also affirmed that technical omissions in a prayer clause should not prevent the granting of relief when the substance of the petition warrants it.

  Questions settled

  • Is the requirement to frame a charge and communicate a statement of allegations under Rule 6(1) of the Government Servants (Efficiency and Discipline) Rules, 1973 mandatory?
  • Does the failure to provide a charge sheet and statement of allegations in disciplinary proceedings vitiate the resulting penalty order?
  • Can a court grant relief regarding an appellate order even if it is not explicitly mentioned in the prayer clause of a writ petition?
  • Are the disciplinary proceedings of the Hydrocarbon Development Institute of Pakistan governed by the Government Servants (Efficiency and Discipline) Rules, 1973 in the absence of specific internal regulations?
  Read full judgment →
• Muhammad Yaqoob vs Commissioner Lahore Division and others2021 CLC 392 · Lahore High Court · 2020-11-16Read full judgment →
• Muhammad Yaqoob vs Additional District Judge, Pakpattan Sharif etc2021 PLJ Lahore 339 · Lahore High Court · 2021-01-21Read full judgment →
• Muhammad Yaqoob deceased through L.Rs. vs Land Acquisition Collector, National Highway Authority & others2021 PLD Lahore 364, 2021 LHC 611 · Lahore High Court · 2021-03-10Read full judgment →
• Muhammad Yameen Qureshi vs The Judge Anti-Encroachment Tribunal2021 CLC 19 · Sindh High Court · 2019-11-08Read full judgment →
• Muhammad Waseem vs The State, etc2021 IHC 110 · Islamabad High Court · 2021-03-15
  post-arrest bailborderline quantityheroin recoverychemical analysis delayfirst offenderbail as punishmentfurther inquiry
  Summary & questions settled

  This is a post-arrest bail petition filed under Section 497 of the Code of Criminal Procedure 1898 seeking bail in a narcotics case registered under Section 9-C of the Control of Narcotics Substances Act, 1997. The core legal question revolves around whether the accused is entitled to post-arrest bail where the recovered quantity of heroin (1180 grams) falls on the marginal or borderline side of the statutory threshold, compounded by a delay in sending the sample for chemical analysis and the fact that the accused is a first offender. The Islamabad High Court allowed the petition, holding that the borderline quantity of the narcotic substance, coupled with an unexplained delay of six days in transmitting the sample for chemical analysis and the completion of the investigation, made the case one of further inquiry. The court laid down the principles that bail is not to be withheld as a punishment, that recovery marginally exceeding the lower threshold creates a borderline case warranting further inquiry, and that procedural lapses by the police in transmitting chemical samples within the stipulated period can tilt the case in favor of granting bail.

  Questions settled

  • Whether an accused is entitled to post-arrest bail when the recovered quantity of narcotics falls on the marginal side of the borderline criteria?
  • Does an unexplained delay in sending a narcotic sample for chemical analysis make the case one of further inquiry under Section 497 of the Code of Criminal Procedure 1898?
  • Can bail be withheld as a punishment when the investigation is complete and the accused is no longer required for further probe?
  Read full judgment →
• Muhammad Waseem vs State etc2021 PLJ Lahore 234 · Lahore High Court · 2019-11-20Read full judgment →
• Muhammad Waqas and 4 others vs Government Of Punjab through Secretary Education, Punjab Lahore and 4 others2021 MLD 2032, 2022 PLJ Lahore 446 · Lahore High Court · 2021-07-09Read full judgment →
• Muhammad Waleed vs Government of Punjab, etc2021 [M] C L R 1232 · Lahore High Court · 2021-07-28Read full judgment →
• Muhammad vs Federation of Pakistan, etc2021 PHC 16 · Peshawar High Court · 2021-01-26
  constitutional petitiondeceased employees quotabeneficial legislationretrospective operationassistance package policyfundamental rights
  Summary & questions settled

  This matter involves a constitutional petition under Article 199 of the Constitution of Islamic Republic of Pakistan 1973, where the petitioner sought a direction to the respondents to consider his appointment against the quota reserved for sons of deceased employees based on the Assistance Package Policy, despite his father having passed away prior to the July 2005 cut-off date stipulated in the policy. The core legal question was whether a beneficial executive policy regarding job quotas for deceased employees' children can be applied retrospectively to dependents whose fathers died before the promulgation of the policy. The Peshawar High Court held that beneficial legislation and executive orders conferring rights should be construed liberally and given retrospective effect, provided they do not destroy vested rights or violate constitutional provisions. The court ruled that the Assistance Package is beneficial legislation applicable to the petitioner, thereby allowing the writ petition and establishing the principle that welfare measures for government employees should not arbitrarily discriminate against classes similarly placed.

  Questions settled

  • Whether a beneficial executive policy regarding deceased employees' quotas can be applied retrospectively to cases where the employee died before the policy's promulgation?
  • Does restricting the benefit of an assistance package to employees dying after a specific cut-off date violate the principle of equality under Article 25 of the Constitution?
  • Should remedial and beneficial legislation be interpreted liberally to advance the object of the enactment rather than given a restrictive meaning?
  Read full judgment →
• Muhammad Uzair vs The State & others2021 PHC 232, 2022 MLD 368 · Peshawar High Court · 2021-06-03Read full judgment →
• Muhammad Usman vs The State2021 SHC 1002 · Sindh High Court · 2021-04-19
  Qatl-i-Amdgrave and sudden provocationsudden fightpremeditationconfessional statementcriminal appealmurder conviction
  Summary & questions settled

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

  Questions settled

  • What are the essential elements required to establish the defense of grave and sudden provocation in a murder trial?
  • Can an accused claim the benefit of a sudden fight under Exception 4 of the erstwhile Section 300 of the Pakistan Penal Code 1860 if they armed themselves with a weapon before the incident?
  • Does the passage of time between an alleged provocation and the commission of a crime negate the defense of sudden provocation?
  • Does the absence of motive in a murder case automatically entitle an accused to the benefit of a reduced sentence under Section 302(c) of the Pakistan Penal Code 1860?
  Read full judgment →
• Muhammad Usman Siddiqui vs Mukaram Alam Siddiqui and 2 others2021 CLC 553 · Sindh High Court · 2019-11-01Read full judgment →
• Muhammad Usman Shakir vs The State etc2021 SCP 364, 2021 SCMR 1880, 2022 PSC (Crl.) 830 , PLJ 2022 SC (Cr.C.) 9 · Supreme Court of Pakistan · 2021-09-09
  post-arrest bailcriminal breach of trustrule of consistencyfurther inquiryprohibitory clausebail
  Summary & questions settled

  This petition for post-arrest bail arose from a criminal case registered under Section 408 of the Pakistan Penal Code 1860, involving allegations of criminal breach of trust by an employee resulting in a significant financial loss to a company. The petitioner sought bail, arguing that the prosecution lacked sufficient evidence, that the case required further inquiry, and that he was entitled to bail based on the rule of consistency, as a co-accused with a similar role had already been granted bail. The Supreme Court held that the prosecution failed to establish a clear nexus between the recovered items and the alleged loss, and that the evidence presented was insufficient to justify continued incarceration. Emphasizing the principle of consistency, the Court ruled that the petitioner was entitled to the same relief as his co-accused. Furthermore, the Court determined that the case fell within the scope of further inquiry under Section 497(2) of the Code of Criminal Procedure 1898 and did not fall within the prohibitory clause, thereby warranting the grant of bail.

  Questions settled

  • Is an accused entitled to bail on the principle of consistency when a co-accused with a similar role has already been granted bail?
  • Does a case involving allegations of criminal breach of trust where the nexus between recovered items and the alleged loss is not established require further inquiry under Section 497(2) of the Code of Criminal Procedure 1898?
  • Can an accused be denied bail when the alleged offence does not fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898?
  Read full judgment →
• Muhammad Usman Memon vs D.C.O., Hyderabad and others2021 MLD 200 · Sindh High Court · 2019-11-08Read full judgment →
• Muhammad Usman Lothio vs Nemo2021 SHC 354 · Sindh High Court · 2021-09-17Read full judgment →
• Muhammad Usman Lakhtio vs Punhal Lakhtio and another2021 YLR 1097 · Sindh High Court · 2020-11-04
  capital punishmentcommutation of sentenceunproven motiveocular evidenceappeal against acquittalcriminal appealmurder
  Summary & questions settled

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

  Questions settled

  • Does the failure of the prosecution to prove the alleged motive in a murder case necessarily invalidate a conviction?
  • Can a death sentence be commuted to life imprisonment solely due to the prosecution's failure to establish the asserted motive?
  • What is the standard of appellate interference in an appeal against an acquittal?
  • Do minor contradictions in the testimony of natural witnesses render their evidence unreliable in a criminal trial?
  Read full judgment →
• Muhammad Usman Haider vs The State and another2021 P Cr. L J 1128 · Islamabad High Court · 2020-12-31
  murdercircumstantial evidencelast seen evidenceextra-judicial confessionbenefit of the doubtweapon recoverycriminal appealconviction set aside
  Summary & questions settled

  This matter arises from a criminal appeal and criminal revision against a trial court judgment whereby the appellant was convicted under section 302(b), Pakistan Penal Code 1860 and sentenced to life imprisonment with compensation under section 544-A(2), Code of Criminal Procedure 1898. The core legal question was whether the prosecution had proved its case beyond reasonable doubt through circumstantial evidence, including last-seen evidence, an extra-judicial confession, and weapon recovery, in an unwitnessed murder case. The Islamabad High Court held that the prosecution's evidence, comprising delayed last-seen statements, a fragile extra-judicial confession, and doubtful weapon recovery, failed to establish an unbroken chain of circumstantial evidence connecting the accused to the crime. The court reiterated that circumstantial evidence must be incompatible with the innocence of the accused and that any reasonable doubt must be resolved in favor of the accused. Consequently, the conviction was set aside, the appellant was acquitted on the benefit of the doubt, and the revision for sentence enhancement was dismissed.

  Questions settled

  • Whether uncorroborated last-seen evidence with delayed reporting can form the basis of a capital conviction?
  • What evidentiary value does an extra-judicial confession hold in the absence of independent corroboration?
  • Can a positive forensic ballistic report alone sustain a murder conviction when the recovery of the weapon and crime empties is doubtful?
  • What is the standard of proof required in cases resting entirely on circumstantial evidence to ensure a safe conviction?
  Read full judgment →
• Muhammad Usman Haider vs State and anotherPLJ 2021 Cr.C. (Islamabad) 461 · Islamabad High Court · 2020-12-31
  circumstantial evidencelast seen evidenceextra-judicial confessionbenefit of doubtcriminal appealmurder convictionrecovery of weapon
  Summary & questions settled

  This criminal appeal challenged the conviction and life imprisonment of the appellant under Section 302(b) of the Pakistan Penal Code 1860 for murder. The core legal question was whether the circumstantial evidence presented—comprising last-seen testimony, an alleged extra-judicial confession, and the recovery of a weapon—was sufficient to sustain a conviction beyond reasonable doubt. The Islamabad High Court held that the prosecution's case was fundamentally flawed. The court observed that the "last seen" witnesses were unreliable due to an unexplained, inordinate delay in recording their statements. Furthermore, the extra-judicial confession was deemed a weak, fragile piece of evidence lacking corroboration, and the recovery of the crime weapon was rendered doubtful by contradictory police testimony and the accessibility of the recovery site to the public. Emphasizing that circumstantial evidence must form an unbroken chain pointing solely to the accused's guilt, the court ruled that the prosecution failed to meet the required standard of proof. Consequently, the court set aside the conviction, acquitted the appellant, and dismissed the related revision petition for sentence enhancement, reaffirming that the benefit of doubt must be extended to the accused.

  Questions settled

  • Does an unexplained delay in recording witness statements under Section 161 of the Code of Criminal Procedure 1898 render their testimony unreliable?
  • Can a conviction for murder be sustained solely on circumstantial evidence if the chain of events is incomplete?
  • Is an extra-judicial confession sufficient to support a conviction in the absence of corroborative evidence?
  • Does the recovery of a weapon at the instance of an accused prove guilt if the recovery site was accessible to the public and police testimony regarding the recovery is contradictory?
  Read full judgment →
• Muhammad Usman and another vs Bibi Amina and others2021 CLC 1196 · Balochistan High Court · 2020-09-07Read full judgment →
• Muhammad Usama vs The State2023 PSC (Crl.) 70, 2022 SCMR 2143 · Supreme Court of Pakistan · 2022-10-20
  criminal appealmurder convictionsentencing mitigationjuvenile offenderspur of the momentpremeditationnon-conventional weaponqatl-i-amd
  Summary & questions settled

  This criminal petition arose from a conviction for murder under Section 302(b) of the Pakistan Penal Code 1860, where the petitioner was sentenced to life imprisonment by the Trial Court, a decision subsequently maintained by the High Court. The core legal question was whether the conviction and sentence were commensurate with the petitioner's actions, given his age and the circumstances of the offense. Upon review, the Supreme Court found the ocular and medical evidence sufficient to sustain the conviction but determined that the incident occurred at the spur of the moment without premeditation, involving a non-conventional weapon, and that the petitioner was a minor at the time. Consequently, the Court held that the case fell under Section 302(c) of the Pakistan Penal Code 1860 rather than Section 302(b). The Court laid down the principle that where an offense is committed without premeditation by a minor using a non-conventional weapon during a trivial altercation, a sentence of life imprisonment is disproportionate, warranting a reduction to the period already undergone.

  Questions settled

  • Does a murder committed without premeditation by a minor using a non-conventional weapon fall under Section 302(c) of the Pakistan Penal Code 1860?
  • Can a sentence of life imprisonment be reduced to the period already undergone if the offense lacks premeditation and involves a minor offender?
  • Are minor discrepancies in the statements of prosecution witnesses sufficient to shatter the prosecution's case?
  Read full judgment →
• Muhammad Urs vs Province of Sindh and others2021 SHC 978 · Sindh High Court · 2021-10-27Read full judgment →
• Muhammad Umer S/O Saindan vs The State2021 SHC 524 · Sindh High Court · 2021-11-03
  post-arrest bailgutka and manpuriprohibitory clausefurther inquirystatutory interpretationraw materials possession
  Summary & questions settled

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

  Questions settled

  • Does the possession of individual, unmixed ingredients like betel nut and lime constitute an offence under the Sindh Prohibition of Preparation, Manufacturing, Storage, Sale and Use of Gutka and Manpuri Act, 2019?
  • Is the requirement of a 'mixture' essential to establish an offence under the Sindh Prohibition of Preparation, Manufacturing, Storage, Sale and Use of Gutka and Manpuri Act, 2019?
  • Does the grant of bail follow the rule of 'bail is the rule and refusal the exception' for offences not falling within the prohibitory clause of the Code of Criminal Procedure 1898?
  Read full judgment →
• Muhammad Umar vs The State etc2021 KLR Criminal Cases 129, 2021 PLD Lahore 586, 2021 LHC 600 · Lahore High Court · 2021-02-11
  juvenile bailpost-arrest bailstatutory delayjuvenile offenderpre-trial detentionage determinationchildren's rights
  Summary & questions settled

  This criminal misc. petition was filed by a juvenile petitioner seeking post-arrest bail under section 6(5) of the Juvenile Justice System Act, 2018, in case FIR No. 172/2019 registered for offences under sections 302, 324, 337-F(iii), and 34 of the Pakistan Penal Code 1860. The core legal question was whether a juvenile accused who has been detained for a continuous period exceeding six months without the conclusion of his trial is entitled to statutory bail when the delay in the trial is not attributable to him or any person acting on his behalf. The Lahore High Court accepted the petition and held that since the petitioner was a juvenile, had been incarcerated for over six months, and the delay in trial caused by determining his age was a statutory duty of the police and court rather than an act of the accused, he had earned a statutory right to bail. The court laid down principles emphasizing that pre-trial detention of children should be a measure of last resort for the shortest possible period, and issued binding directives to the police, prosecution, and trial courts to expedite juvenile cases.

  Questions settled

  • Whether a juvenile accused is entitled to statutory bail under the Juvenile Justice System Act, 2018, if detained for a continuous period exceeding six months without conclusion of the trial?
  • Does the time spent in obtaining a judicial declaration for the determination of the age of an accused juvenile count as delay caused by the accused for the purpose of bail?
  • What are the statutory obligations of the police and trial courts regarding the initial determination of an accused person's age under the Juvenile Justice System Act, 2018?
  Read full judgment →
• Muhammad Umar vs The State & 2 othersPLJ 2021 Cr.C.1523, 2021 LHC 4023, 2022 MLD 697 · Lahore High Court · 2021-08-17
  criminal appealqatal-e-amdbenefit of the doubtmedical and ocular conflictappreciation of evidenceacquittal
  Summary & questions settled

  This criminal appeal challenges the judgment of the trial court convicting the appellant under Section 302-B of the Pakistan Penal Code 1860 for Qatal-e-Amd and sentencing him to life imprisonment. The core legal question centered on whether the prosecution proved its case beyond a reasonable doubt, specifically examining conflicts between ocular testimony and medical evidence regarding the firing distance, discrepancies in the investigating officer's statement, and the conduct of the eyewitnesses. The Lahore High Court allowed the appeal, set aside the conviction, and acquitted the appellant. The court held that a prompt First Information Report does not cure fundamental flaws in the prosecution's case, and that a material conflict between the medical evidence regarding blackening/burning and the ocular account regarding distance creates a serious doubt. The court reaffirmed the established principle that even a single circumstance creating reasonable doubt in a prudent mind entitles the accused to the benefit of the doubt as a matter of right.

  Questions settled

  • Does a promptly lodged First Information Report cure fundamental flaws and contradictions in the prosecution's case?
  • Is an accused entitled to an acquittal if there is a serious conflict between the ocular account and the medical evidence regarding the distance of the fire shot?
  • Can a conviction be sustained when the conduct of the eyewitnesses in failing to promptly inform the police renders their presence at the crime scene doubtful?
  • Must the benefit of a single circumstance creating reasonable doubt in the prosecution's case be extended to the accused as a matter of right?
  Read full judgment →
• Muhammad Umar vs District Accounts Officer, etc2021 KLR Civil Cases 18 · Lahore High Court · 2020-11-23Read full judgment →
• Muhammad Umar Farooq Saleem vs The State etc2021 LHC 4531, 2022 P Cr. L J 1525 · Lahore High Court · 2021-09-09
  pre-arrest bailnon-appearance of accusedbail bondsad interim bailcriminal procedure
  Summary & questions settled

  This criminal miscellaneous matter arises from a petition for pre-arrest bail where the petitioner failed to appear in person and omitted to furnish bail bonds pursuant to a previous court order. The core legal question concerns the maintainability and disposal of a pre-arrest bail petition under Section 498-A of the Code of Criminal Procedure when the accused is absent and fails to furnish bail bonds. Relying on binding precedent from the Supreme Court of Pakistan, the Lahore High Court held that the personal appearance of the petitioner in a pre-arrest bail petition is mandatory, and in the petitioner's absence, the petition cannot proceed or be decided on merits, and is liable to be dismissed for non-prosecution along with the recall of any ad interim bail granted. The key principle laid down is that the addition of Section 498-A to the Code of Criminal Procedure strictly requires the physical presence of the accused throughout pre-arrest bail proceedings, failing which the petition must be dismissed for non-appearance rather than decided on merits.

  Questions settled

  • Can a pre-arrest bail petition be decided on merits in the absence of the accused?
  • What is the legal effect of the addition of Section 498-A to the Code of Criminal Procedure on the personal appearance of a pre-arrest bail petitioner?
  • Whether an ad interim pre-arrest bail stands recalled upon the non-appearance of the petitioner and failure to submit bail bonds?
  Read full judgment →
• Muhammad Umair vs The State2021 LHC 4356, PLJ 2022 Cr.C. 158 · Lahore High Court
  murderbenefit of doubtocular and medical contradictioninterested witnessesunproven motiveacquittalcriminal appeal
  Summary & questions settled

  This criminal appeal challenges the conviction and sentence of life imprisonment under Section 302(b) of the Pakistan Penal Code 1860, along with a connected criminal revision for sentence enhancement and a petition for special leave to appeal against the acquittal of co-accused. The core legal questions involve the reliability of interested and injured eyewitness testimony, the consequences of material contradictions between ocular and medical evidence, the effect of an unproven or disbelieved motive, and the evidentiary value of forensic reports regarding weapon recovery. The Lahore High Court held that the prosecution failed to establish the guilt of the appellant beyond a reasonable doubt due to severe contradictions, delayed reporting of statements, an untruthful motive, and a material variance between the alleged firing trajectory and the medical post-mortem report. Consequently, the court set aside the conviction, acquitted the appellant on the benefit of the doubt, dismissed the revision, and upheld the acquittal of the co-accused. The key legal principles laid down include that a single reasonable doubt warrants the acquittal of an accused, that unproven motives weaken the prosecution case, and that a judgment of acquittal carries a heavy double presumption of innocence.

  Questions settled

  • Does a material contradiction between ocular testimony and medical evidence regarding the trajectory of a firearm injury render the prosecution case doubtful?
  • What is the legal effect on the prosecution's case when an alleged motive is set up but fails to be proved?
  • Can a conviction on a capital charge be sustained solely on the basis of a disputed weapon recovery when the forensic report does not match the crime empties?
  • Whether the uncorroborated testimony of interested and related witnesses can form the basis of a conviction after co-accused have been acquitted on the same evidence?
  Read full judgment →
• Muhammad Tufail and another vs Samna Tabasum and another2021 MLD 1610 · Balochistan High Court · 2020-10-26Read full judgment →
• Muhammad Touseeq Danial Bhatti vs Ayesha Naeem and 2 others2021 [M] C L R 871, 2021 PLJ Islamabad 172, 2021 MLD 337 · Islamabad High Court · 2020-08-25
  interim maintenancefamily courtconstitutional jurisdictionwrit petitionminor maintenanceinterlocutory orderfinancial status
  Summary & questions settled

  This constitutional petition challenged an interim maintenance order passed by a Family Court, which fixed monthly maintenance for a minor. The petitioner argued that the amount was excessive given his limited income and that the order lacked proper reasoning. The core legal question concerned the maintainability of a writ petition against an interlocutory order of a Family Court and the principles governing the fixation of interim maintenance. The Court held that interim maintenance orders are generally not subject to constitutional jurisdiction unless they are coram non judice, without jurisdiction, or based on mala fides. Factual disputes regarding a party's income cannot be resolved through writ jurisdiction. The Court emphasized that interim maintenance is a tentative assessment intended to alleviate the financial hardship of minors. It established comprehensive guidelines for Family Courts, mandating that interim maintenance be fixed based on the father's documented financial status, avoiding exorbitant amounts that might impede the right to defense, and ensuring the timely disposal of maintenance suits within the statutory six-month period prescribed by law.

  Questions settled

  • Is an interim maintenance order passed by a Family Court subject to constitutional jurisdiction under Article 199?
  • Can a High Court resolve factual disputes regarding a father's income in a writ petition against an interim maintenance order?
  • What principles must a Family Court follow when fixing interim maintenance to ensure it is not exorbitant?
  • Does the West Pakistan Family Courts Act, 1964 bar appeals or revisions against interim maintenance orders?
  Read full judgment →
• Muhammad Touraib vs Muhammad Taimoor Khan and another2021 P Cr. L J 1050 · Islamabad High Court · 2021-01-04
  bail cancellationjuvenile offenderpre-arrest bailbeneficial legislationheinous offencejuvenile justice system
  Summary & questions settled

  This criminal miscellaneous petition was filed under section 497(5) of the Code of Criminal Procedure 1898 seeking the cancellation of pre-arrest bail granted by the Additional Sessions Judge to the respondent, a juvenile accused of offences under sections 324, 148, and 149 of the Pakistan Penal Code 1860. The core legal question revolved around whether pre-arrest bail was rightly granted to a juvenile accused under the Juvenile Justice System Act 2018, particularly concerning the interpretation of beneficial legislation regarding juvenile custody and bail provisions. The Islamabad High Court held that the Additional Sessions Judge acted in accordance with the mandate of the Juvenile Justice System Act 2018, which is a beneficial legislation designed to protect juveniles and prevent their detention in police stations or jails. The court established that the provisions of the Juvenile Justice System Act 2018 provide specific safeguards for juveniles regarding arrest and custody, prioritizing release on bail or handing over custody to guardians, and that the impugned bail order required no interference. Consequently, the petition for cancellation of bail was dismissed.

  Questions settled

  • Whether pre-arrest bail granted to a juvenile accused of an offence under the Pakistan Penal Code 1860 should be cancelled under section 497(5) of the Code of Criminal Procedure 1898?
  • How are the bail provisions under section 6 of the Juvenile Justice System Act 2018 to be construed in relation to juvenile offenders?
  • Does the Juvenile Justice System Act 2018 prohibit the detention of juvenile accused persons in police custody or jails under any circumstances?
  • What constitutes a heinous, major, or minor offence under the definitions provided in the Juvenile Justice System Act 2018?
  Read full judgment →
• Muhammad Tobria vs The Board of Trustee through Chairman, and 62021 YLR 2278 · Sindh High Court · 2021-04-13
  rejection of plaintlease vs licenceKarachi Port Trust Actintention of partiesphysical possessionbarring provisioncivil revision
  Summary & questions settled

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

  Questions settled

  • Whether the intention of the parties supersedes the description given in a document when determining the status of an occupant as a lessee or a licensee?
  • Does the issuance of rental receipts for a lease period alter the status of an occupant from a licensee to a lessee requiring due process of law for eviction?
  • Can a plaint be rejected under Order VII Rule 11 of the Code of Civil Procedure 1908 where the applicability of a statutory barring provision requires recording of evidence and trial?
  • Does Section 87 of the Karachi Port Trust Act 1886 protect eviction actions taken against persons whose status is prima facie established as lessees rather than licensees?
  Read full judgment →
• Muhammad Tayyab Nazir etc vs Province of Punjab through Chief2021 LHC 1113 · Lahore High Court
  Intra Court AppealLaw Reforms Ordinance 1972Quo WarrantoMaintainabilityStatutory AppealJurisdictionWrit Jurisdiction
  Summary & questions settled

  This Intra Court Appeal challenged a Single Judge's dismissal of a quo warranto petition concerning the reinstatement of certain employees by the Punjab Curriculum and Textbook Board. The core legal question was whether an Intra Court Appeal is maintainable under Section 3(2) of the Law Reforms Ordinance 1972 when the governing statute, the Punjab Curriculum and Textbook Board Act, 2015, provides a right of appeal against the original order, even if that remedy was not utilized. The Court held that the Intra Court Appeal was not maintainable. Applying the proviso to Section 3(2) of the Law Reforms Ordinance 1972, the Court ruled that if the law applicable to the proceedings provides for at least one appeal, revision, or review against the original order, an Intra Court Appeal is barred. The Court emphasized that the actual availing of such a remedy is immaterial; the mere existence of the statutory right of appeal is sufficient to trigger the bar. Consequently, the preliminary objection regarding the lack of jurisdiction was sustained, and the appeal was dismissed.

  Questions settled

  • Is an Intra Court Appeal maintainable if the governing statute provides a right of appeal against the original order, even if that right was not exercised?
  • Does the proviso to Section 3(2) of the Law Reforms Ordinance 1972 bar an Intra Court Appeal when the underlying proceedings provided for an appeal, revision, or review?
  • Does the term 'original order' in the context of the Law Reforms Ordinance 1972 refer to the order with which the proceedings under the relevant statute commenced?
  • Is the maintainability of an Intra Court Appeal affected by whether the statutory right of appeal was available to both parties or only one?
  Read full judgment →
• Muhammad Tayyab Bukhar and others vs Dr. Anees-ur-Rehman and others2022 SCP 254, 2022 KLR Supreme Court Cases 200, 2022 SCMR 1913 · Supreme Court of Pakistan · 2022-09-05
  constitutional lawcivil service appointmentprovincial quotaultra viresdiscriminationdelegated legislationunder-representation
  Summary & questions settled

  This matter concerns the validity of a notification issued by the Government of the Punjab, which reserved twenty percent of vacancies in BS-16 and above for residents of specific 'special zones' within the province. The core legal question was whether the provincial government possessed the authority to reserve government posts based on regional domicile, and whether such reservation violated the constitutional prohibition against discrimination in public service appointments. The Supreme Court upheld the Lahore High Court's decision, declaring both the notification and the amended Rule 20 of the Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974, ultra vires. The Court held that while Article 27(1) of the Constitution allows for redressing under-representation of classes or areas, such measures must be determined by an Act of Majlis-e-Shoora (Parliament). Since neither the provincial nor federal government had enacted such legislation, the executive lacked the authority to unilaterally create these reservations. The Court affirmed that executive rule-making power cannot expand the scope of the enabling statute or contravene constitutional protections against discrimination.

  Questions settled

  • Can a provincial government reserve government posts for specific areas without an Act of Majlis-e-Shoora?
  • Does the third proviso to Article 27(1) of the Constitution of the Islamic Republic of Pakistan 1973 permit provincial governments to determine the manner of redressing under-representation in public service?
  • Are rules made under the Punjab Civil Servants Act 1974 valid if they are inconsistent with the Constitution?
  Read full judgment →
• Muhammad Tariq vs The State2021 YLR 1735 · Sindh High Court · 2020-12-07
  post-arrest bailsodomydelayed FIRinvestigative negligencevictim statementprima facie case
  Summary & questions settled

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

  Questions settled

  • Does the negligence of an investigating officer in collecting evidence entitle an accused to post-arrest bail?
  • Should procedural lapses by the investigation or prosecution at the preliminary stage negatively impact the victim's case?
  • Can a delayed FIR be excused if the delay is attributed to the victim's fear of the accused?
  Read full judgment →
• Muhammad Tariq vs Fazal Abbas & other2021 LHC 1400, 2021 MLD 2011, PLJ 2022 Cr.C. 179 · Lahore High Court · 2021-05-31
  acquittal appealcompounding of offencesSection 345 Cr.P.C.bail stage compromisenon-compoundable offencecriminal proceduretrial court jurisdiction
  Summary & questions settled

  This appeal challenges a Magistrate's acquittal order regarding offences under sections 452, 337-A(i), 148, and 149 of the Pakistan Penal Code 1860. The core legal questions concern whether an acquittal can be granted based on statements made during bail or remand proceedings, and whether non-compoundable offences can be compounded. The Court held that the acquittal was legally unsustainable and perverse. It established that for offences under Section 345(2) of the Code of Criminal Procedure 1898, a compromise is only valid if granted by the court where the prosecution is pending; statements made at the bail or remand stage do not satisfy this requirement. Additionally, the Court reaffirmed that non-compoundable offences cannot be compounded, as the list in Section 345 of the Code of Criminal Procedure 1898 is exhaustive. The Court emphasized that trial courts must independently verify the genuineness of any compromise to ensure it is free from coercion. Consequently, the acquittal was set aside, and the matter was remanded for trial.

  Questions settled

  • Can an offence be compounded based on a statement made during the bail or remand stage?
  • Does a trial court have the authority to compound non-compoundable offences?
  • What constitutes 'prosecution' for the purpose of granting permission to compound an offence under Section 345(2) of the Code of Criminal Procedure 1898?
  • Is an acquittal order based on a private compromise made outside the trial court's jurisdiction sustainable in law?
  Read full judgment →
• Muhammad Tariq etc vs State etcPLJ 2021 Cr.C. (Lahore) 56 · Lahore High Court · 2019-01-16
  murderchance witnessbenefit of doubtextra-judicial confessionmotivedelayed FIRcriminal appeal
  Summary & questions settled

  This criminal appeal arises from a judgment of the trial court convicting the appellants for murder under Section 302(b)/34 of the Pakistan Penal Code 1860, resulting in death sentences and life imprisonments alongside connected murder references and revisions. The core legal questions involved the credibility of chance witnesses, the evidentiary value of delayed FIRs and post-mortem examinations, unproven motive, and joint extra-judicial confessions. The Lahore High Court held that the prosecution failed to establish the presence of chance witnesses, noted suspicious delays in lodging the FIR and conducting the post-mortem, and rejected the uncorroborated motive and joint extra-judicial confessions. Consequently, the court laid down the principle that a single circumstance creating reasonable doubt in a prudent mind entitles the accused to acquittal as a matter of right. The appeal was allowed, convictions were set aside, and the appellants were acquitted on the benefit of the doubt.

  Questions settled

  • Whether the testimony of chance witnesses can be relied upon without establishing their natural presence at the place of occurrence?
  • Does an unexplained delay in lodging the FIR and conducting the post-mortem examination create a serious doubt regarding the authenticity of the prosecution case?
  • Is a joint extra-judicial confession admissible in evidence against multiple accused persons?
  • Whether an accused is entitled to the benefit of the doubt as a matter of right when a single circumstance creates reasonable doubt in a prudent mind?
  Read full judgment →
• Muhammad Tariq and others vs Justice Of Peace_Sessions Judge, Muzaffarabad and others2021 PLJ AJ&K 42, 2022 PCr. LJ 235 · High Court of Azad Jammu and Kashmir · 2021-03-10Read full judgment →
• Muhammad Tanveer vs The State etc2021 LHC 4334, 2022 MLD 278 · Lahore High Court · 2021-08-12
  post-arrest bailjuvenile offenderstatutory delaymedical evidence conflictmurderbenefit of doubt
  Summary & questions settled

  This post-arrest bail petition was filed by the petitioner, Muhammad Tanveer, who was accused of murder under Section 302 of the Pakistan Penal Code 1860. The petitioner sought bail on two primary grounds: merits, due to a direct conflict between the ocular account and the medical evidence, and statutory delay under the Juvenile Justice System Act 2018. The Lahore High Court observed that several injuries described in the FIR were absent from the post-mortem report, establishing a conflict between the ocular and medical evidence that entitled the accused to the benefit of doubt at the bail stage. Furthermore, the petitioner had been declared a juvenile by the trial court. Under Section 6(5) of the Juvenile Justice System Act 2018, the statutory period for releasing a juvenile on bail due to trial delay is six months. The Court held that the time taken to decide the petitioner's juvenility application was a procedural delay and could not be attributed to the petitioner as an act or omission to deny him bail. Consequently, the Court accepted the petition and granted post-arrest bail.

  Questions settled

  • Whether a direct conflict between ocular and medical evidence entitles an accused to the benefit of doubt at the bail stage?
  • What is the statutory period of detention after which a juvenile offender is entitled to bail under the Juvenile Justice System Act 2018?
  • Does the time consumed in deciding a juvenility application constitute a delay attributable to the accused so as to defeat their right to statutory bail?
  Read full judgment →
• Muhammad Tanveer vs The State and another2021 YLR 1736 · Lahore High Court · 2021-01-19
  pre-arrest bailsodomyforensic evidencemala fidecriminal investigationmedico-legal certificate
  Summary & questions settled

  This matter concerns a petition for pre-arrest bail filed by the accused, Muhammad Tanveer, who was charged under Section 377 of the Pakistan Penal Code 1860 for the alleged offence of sodomy against a seven-year-old victim. The core legal question was whether the petitioner was entitled to pre-arrest bail given the evidentiary gaps in the prosecution's case. The Court observed that the FIR was lodged with an unexplained two-day delay, and the medico-legal certificate showed no physical signs of trauma or injury to the victim's private parts. Furthermore, the Punjab Forensic Science Agency report found no seminal material on the items submitted, failing to corroborate the allegation. The prosecution's attempt to convert the charge to Section 377-B of the Pakistan Penal Code 1860 lacked evidentiary support, and the investigation was already complete. Consequently, the Court confirmed the pre-arrest bail, holding that the petitioner's involvement appeared to be based on mala fide intentions of the complainant. The key principle established is that where forensic evidence fails to corroborate serious allegations and the investigation is complete, the custodial interrogation of an accused is not justified.

  Questions settled

  • Does the absence of seminal material in a forensic report constitute sufficient grounds to grant pre-arrest bail in a sodomy case?
  • Can pre-arrest bail be granted when the investigation is already complete and custodial interrogation is no longer required?
  • Does an unexplained delay in lodging an FIR, combined with a lack of corroborating medical evidence, justify the confirmation of pre-arrest bail?
  Read full judgment →
• Muhammad Taimur son of Fazal Elahi, r/o House No.835, Block-C, Phase-62021 PHC 330, 2022 PCr. LJ 1000 · Peshawar High Court · 2021-10-05Read full judgment →
• Muhammad Tahir Masood and 5 others vs Chairman, State Life Insurance2021 IHC 138, 2021 PLJ Islamabad 261, 2022 PLC (C.S.) 439 · Islamabad High Court · 2021-02-19
  territorial jurisdictiondominant object testsalary fixationstatutory corporationconstitutional petitionfederal government jurisdictionservice regulations
  Summary & questions settled

  This constitutional petition was filed before the Islamabad High Court challenging the fixation of salary of the petitioners by respondent No.1, State Life Insurance Corporation, following their promotion to Grade-9 in 2009. The petitioners contended that their real salary decreased upon promotion and alleged discrimination under Articles 4 and 25 of the Constitution, as subsequently promoted employees received higher salaries under a new collective bargaining agreement. The respondents raised preliminary objections regarding the maintainability of the petition due to a lack of territorial jurisdiction. The core legal question centered on whether the Islamabad High Court possessed territorial jurisdiction under Article 199 of the Constitution to adjudicate a grievance against a federal statutory corporation headquartered in Karachi, where the petitioners were based outside Islamabad and the impugned salary fixation order was passed at the head office. The court held that while federal entities with countrywide operations have ubiquitous presence, a High Court only gains jurisdiction if the impugned order creates a legal effect or causes a grievance to an aggrieved person within its territorial jurisdiction. Since the petitioners were posted outside Islamabad and not affected locally, the petition was dismissed for lack of territorial jurisdiction.

  Questions settled

  • What is the test for determining the territorial jurisdiction of a High Court under Article 199 of the Constitution in relation to a federal statutory corporation?
  • Does the determination of territorial jurisdiction under Article 199 of the Constitution depend on Section 20 of the Code of Civil Procedure 1908?
  • When does a High Court possess jurisdiction to entertain a petition against an order passed by a federal entity headquartered outside its territorial limits?
  • Does the mere hierarchical control of a regional office located within the territorial jurisdiction of a High Court vest it with jurisdiction when the aggrieved person and the impugned order are based elsewhere?
  Read full judgment →
• Muhammad Tahir Bashir vs State and anotherPLJ 2021 Cr.C. (Islamabad) 204 · Islamabad High Court · 2020-09-15
  post-arrest bailcriminal breach of trustprohibitory clausemaster and servantbail as rulemisappropriation
  Summary & questions settled

  The petitioner sought post-arrest bail in a case registered under Sections 408 and 411 of the Pakistan Penal Code 1860, involving allegations of criminal breach of trust by an employee regarding a sum of money entrusted for deposit. The core legal question was whether the petitioner was entitled to bail given the nature of the offence and the status of the investigation. The Islamabad High Court held that the offence under Section 408, Pakistan Penal Code 1860, carries a maximum punishment of seven years, thereby falling outside the prohibitory clause of Section 497, Code of Criminal Procedure 1898. Consequently, the court affirmed the principle that in cases falling outside the prohibitory clause, the grant of bail is the rule and refusal is the exception. Finding that the investigation was complete, the petitioner had no prior criminal record, and further incarceration would serve no useful purpose, the court admitted the petitioner to post-arrest bail, emphasizing that this was a tentative assessment not intended to influence the trial.

  Questions settled

  • Does the offence under Section 408 of the Pakistan Penal Code 1860 fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898?
  • Is the grant of bail the rule and refusal the exception for offences falling outside the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898?
  • Does the completion of investigation and lack of criminal record justify the grant of post-arrest bail in a non-prohibitory offence?
  Read full judgment →
• Muhammad Tahir and others vs Government Of Khyber Pakhtunkhwa and others2021 PLD Peshawar 171 · Peshawar High CourtRead full judgment →
• Muhammad Tahir alias Bhutto vs StatePLJ 2021 Cr.C. (Lahore) 418 · Lahore High Court · 2021-02-15
  murder referencedeath sentence commutationocular evidenceextenuating circumstancesunproven motivecriminal appealconviction maintenance
  Summary & questions settled

  This criminal appeal and murder reference arise from the conviction of the appellant for the murder of the deceased. The trial court convicted the appellant under Section 302(b) of the Pakistan Penal Code 1860, sentencing him to death and imposing compensation. The core legal question was whether the prosecution had sufficiently proven the guilt of the accused beyond a reasonable doubt, particularly given the failure to substantiate the alleged motive and the lack of reliable forensic evidence regarding the weapon recovery. The High Court held that while the ocular testimony of the complainant and the eyewitness, supported by medical evidence, was sufficient to maintain the conviction, the death sentence was not warranted. The court reasoned that because the prosecution failed to prove the motive and the recovery of the weapon, there were extenuating circumstances justifying a reduction in sentence. Consequently, the court maintained the conviction but commuted the death sentence to imprisonment for life, upholding the compensation order and granting the benefit of Section 382-B of the Code of Criminal Procedure 1898.

  Questions settled

  • Can a conviction under Section 302(b) of the Pakistan Penal Code 1860 be maintained solely on ocular and medical evidence when the motive and weapon recovery are not proven?
  • Does the failure to prove the alleged motive constitute an extenuating circumstance sufficient to commute a death sentence to life imprisonment?
  • Is the testimony of closely related eyewitnesses sufficient to sustain a conviction in a murder case?
  Read full judgment →
• Muhammad Tahir Afzaal vs StatePLJ 2021 Cr.C. 1316 · Lahore High Court · 2021-06-02
  murder convictiondeath sentence commutationmitigating circumstancesabsconsionocular evidencecriminal appealbenefit of doubt
  Summary & questions settled

  This criminal appeal challenged the conviction and death sentence of Muhammad Tahir Afzaal for the murder of Muhammad Tufail. The core legal questions concerned the reliability of ocular evidence in the absence of a proven motive and whether the death penalty was appropriate given mitigating circumstances. The Lahore High Court upheld the conviction under Section 302(b), Pakistan Penal Code 1860, finding the ocular testimony corroborated by medical evidence and the appellant's prolonged absconsion. However, the Court commuted the death sentence to life imprisonment. The ratio established that while ocular evidence remains sufficient for conviction, the failure of the prosecution to prove the alleged motive, combined with the appellant’s non-repetition of the fatal shot, constitutes significant mitigating factors. Furthermore, the Court affirmed that the acquittal of a co-accused does not necessitate the acquittal of the principal offender when their roles are distinct. The judgment reinforces that long absconsion serves as a strong corroborative circumstance of guilt, while the absence of motive and restraint in violence can justify a departure from the extreme penalty of death.

  Questions settled

  • Does the acquittal of a co-accused on the same evidence automatically entitle the principal offender to acquittal?
  • Can long absconsion of an accused be treated as a corroborative circumstance of guilt?
  • Does the non-repetition of a firearm injury by an assailant constitute a mitigating circumstance for sentencing?
  • Is a death sentence appropriate when the prosecution fails to prove the alleged motive for the murder?
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• Muhammad Tahir Abbasi vs Prime Minister of Pakistan and others2021 IHC 308 · Islamabad High Court · 2021-11-23
  service matterwrit jurisdictionArticle 212 barterms and conditions of servicepromotion prospectsFederal Service Tribunalmaintainability
  Summary & questions settled

  This matter concerns intra-court appeals against a judgment dismissing writ petitions filed by civil servants challenging a notification that altered their promotion prospects. The appellants contended that the notification, which merged certain cadres and introduced new qualification requirements, was detrimental to their service interests. The core legal question was whether the High Court possessed jurisdiction under Article 199 of the Constitution to adjudicate such a challenge, or whether the matter fell within the exclusive jurisdictional domain of the Federal Service Tribunal under Article 212 of the Constitution. The Court held that the writ petitions were not maintainable. It affirmed that where a notification or rule adversely affects the terms and conditions of service of a civil servant, it constitutes an 'order' for the purposes of the Service Tribunals Act, 1973. Consequently, the High Court lacks jurisdiction to entertain such challenges, even when they are premised on alleged violations of fundamental rights or claims of mala fides, as the exclusive remedy lies before the Federal Service Tribunal.

  Questions settled

  • Does the High Court have jurisdiction under Article 199 of the Constitution to challenge service rules or notifications affecting a civil servant's promotion prospects?
  • Can a civil servant bypass the Federal Service Tribunal by alleging that a service notification violates their fundamental rights?
  • Should a notification affecting the terms and conditions of service be treated as a final order for the purpose of invoking the jurisdiction of the Federal Service Tribunal?
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