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.

• (1) Abdul Ghafoor alias Allah Ditta (2) Manzoor Hussaain (3) The State vs (1) The State & another (2) Abdul Ghafoor alias Allah Ditta2019 P Cr. L J 270, PLJ 2018 Cr.C. 858, 2018 LHC 1100 · Lahore High Court · 2018-04-26
  Qatl-i-Amdextrajudicial confessioncircumstantial evidencebenefit of doubtburden of proofcriminal appealmurder reference
  Summary & questions settled

  This criminal appeal arises from the conviction of two appellants, a husband and his father, for the murder of the former's wife. The core legal question was whether the prosecution had established the appellants' guilt beyond reasonable doubt through circumstantial evidence and an alleged extrajudicial confession. The Lahore High Court held that the prosecution's case was fraught with material inconsistencies, particularly regarding the reliability of the extrajudicial confession, which was deemed a weak piece of evidence lacking corroboration. The Court observed that the complainant had significantly improved his statement, and the investigating officer denied the occurrence of the alleged confession. Consequently, the Court set aside the convictions and acquitted the appellants, extending them the benefit of the doubt. The key principle laid down is that while the burden of proof may partially shift to an accused to explain an unnatural death in their home, this does not absolve the prosecution of its primary duty to present a reliable case; if the prosecution's evidence is inherently unbelievable, the accused cannot be convicted merely for failing to discharge their burden of explanation.

  Questions settled

  • Can an accused be convicted solely on the basis of an extrajudicial confession that lacks independent corroboration?
  • Does the burden of proof shift to the accused to explain an unnatural death occurring in their home if the prosecution's case is fundamentally unreliable?
  • Is a conviction sustainable when the prosecution's primary evidence, such as an extrajudicial confession, is contradicted by the investigating officer?
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• (1) Abdul Ghafoor (2) The State vs (1) The State, etc (2) Abdul Ghafoor alias2018 LHC 1187 · Lahore High Court · 2018-05-29
  murdercapital punishmentreduction of sentenceunproven motiveocular testimonychase witnessrecovery of weaponhomicidal death
  Summary & questions settled

  This criminal appeal and connected murder reference arise from a judgment of the Additional Sessions Judge, Sahiwal, convicting the appellant Abdul Ghafoor under Section 302(b) of the Pakistan Penal Code 1860 for the murder of his wife and sentencing him to death. The core legal questions involved whether the ocular testimony of a related witness residing nearby was sufficient for conviction despite a delay in citing a second witness, whether the onus under Section 106 of the Evidence Act applied when a murder occurred inside the accused's house, and whether the failure of the prosecution to prove the alleged motive warranted mitigation of the death sentence. The Lahore High Court held that the complainant's ocular account was natural, consistent, and corroborated by prompt lodging of the FIR, medical evidence, and the recovery of a blood-stained weapon, proving the appellant's guilt beyond reasonable doubt. However, because the prosecution failed to establish the alleged motive, the court altered the death sentence to imprisonment for life, laying down the principle that failure to prove an asserted motive serves as a mitigating factor justifying the lesser sentence.

  Questions settled

  • Whether the sole testimony of a related eyewitness is sufficient to sustain a conviction for murder when it is natural, consistent, and corroborated by medical evidence?
  • Does the failure of the prosecution to prove the motive set up in a murder case serve as a mitigating circumstance sufficient to reduce a death sentence to imprisonment for life?
  • Can an accused person be held responsible for a murder committed inside the confines of his own house when he fails to offer a plausible explanation for the unnatural death of his wife?
  • What is the evidentiary value of a supplementary statement recorded months after the initial First Information Report naming additional eyewitnesses?
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• [Application for impleadment as intervener in the subject proceedings2017 SCMR 683, 2017 SCP 82, 2017 P.S.C. 595 · Supreme Court of Pakistan · 2017-03-24
  suo motu jurisdictionstatutory mandategood governancecivil service appointmentsrules of businesspublic accountabilityre-employment of retired civil servantsSindh Coal Authority
  Summary & questions settled

  These suo motu proceedings under Article 184(3) of the Constitution of the Islamic Republic of Pakistan 1973 addressed allegations of illegal appointments, embezzlement, and unauthorized project execution by the Sindh Coal Authority and the newly created Special Initiative Department. The core legal questions concerned whether these entities could operate outside their statutory mandates and whether the government could create departments without allocating specific business under the Rules of Business. The Court held that the Sindh Coal Authority is dysfunctional without a functional Board and cannot execute projects beyond its statutory mandate. Furthermore, the Special Initiative Department, lacking allocated business under the Rules of Business, was declared an empty shell. The Court declared the re-employment of the Chief Engineer void ab initio for violating the Sindh Civil Servants Act 1973. The ratio established that statutory bodies must operate strictly within their mandates, and parallel government structures circumventing established departments are unconstitutional. The Court ordered the transfer of unauthorized projects to relevant departments and directed the Chief Secretary to conduct an inquiry into the irregularities.

  Questions settled

  • Can a statutory body execute projects that fall outside the scope of its enabling legislation?
  • Is a government department validly created if it has not been allocated any business or functions under the Rules of Business?
  • Does the re-employment of a retired civil servant violate the Sindh Civil Servants Act 1973 if it lacks justification in the public interest?
  • Can a government department be created to perform functions already assigned to pre-existing departments under the Rules of Business?
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• Zurich Insurance Company plc vs Hayward2017 SCMR 24 · Supreme Court of United KingdomRead full judgment →
• Zulfiqar Azam vs Azad Government & 10 others2017 SCR 697 · Supreme Court of Azad Jammu and Kashmir · 2017-04-24
  contract appointmenttermination of serviceestoppelChief Election Commissionerfree and fair electionswrit petitionpolitical appointees
  Summary & questions settled

  The titled appeals by leave of the Court were filed against a consolidated judgment of the High Court dismissing writ petitions challenging the termination of the appellants from their positions as Director Generals of development authorities in Azad Jammu and Kashmir. The core legal questions involved whether contract employees whose terms allow termination without assigning reasons on notice have a legal cause of action to challenge their removal, and whether instructions issued by the Chief Election Commissioner under the election laws to remove political appointees during elections were lawful. The Supreme Court of Azad Jammu and Kashmir held that the appellants, having accepted the terms of their appointment including the liability of termination on notice, were estopped by their conduct from challenging their removal, and that the Chief Election Commissioner acted within his statutory powers to ensure free and fair elections. The court laid down the principle that a person who accepts an office subject to terms allowing termination cannot turn around to challenge such removal under discretionary writ jurisdiction, and that government authorities are bound to assist the Chief Election Commissioner in holding transparent elections.

  Questions settled

  • Whether a contract employee who accepts appointment terms providing for termination without assigning reasons is estopped from challenging their removal?
  • Does the Chief Election Commissioner have the legal authority to issue instructions for the removal of political appointees from public offices during general elections?
  • Are government authorities bound to render assistance to the Chief Election Commissioner in the discharge of his functions under election laws?
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• Zulfiqar Ali vs Sarfraz Ahmed and another2018 KLR Civil Cases 388, 2017 MLD 1941, 2018 PLJ FSC 30 · Federal Shariat CourtRead full judgment →
• Zulfiqar Ali vs Factory Manager/Industrial Relations Manager2017 PLJ Tr.C. (Labour) 220 · Punjab Service Tribunal
  domestic inquirymisconductgrievance petitionnatural justicebiaslabour lawdismissal from service
  Summary & questions settled

  This appeal challenges the judgment of the Punjab Labour Court, which dismissed the appellant’s grievance petition against his dismissal from service for misconduct. The core legal questions were whether the domestic inquiry was conducted in violation of natural justice and whether the allegations of bias against the inquiry officer rendered the proceedings void. The Tribunal held that the dismissal was justified, finding the inquiry proceedings fair and the appellant’s claims of bias unsubstantiated. The record demonstrated that the appellant actively participated in the inquiry, cross-examined witnesses, and only boycotted the proceedings after failing to dictate the procedural order of evidence. The Tribunal affirmed that domestic inquiries are not strictly governed by the law of evidence or criminal procedure. The key principle laid down is that an employee cannot claim a vested right in a specific inquiry procedure, and mere allegations of bias, unsupported by solid evidence, are insufficient to invalidate inquiry findings, particularly where the employee has already participated in the process and cross-examined witnesses.

  Questions settled

  • Can an employee claim a vested right to dictate the procedure of a domestic inquiry?
  • Are domestic inquiry proceedings governed by the strict rules of evidence applicable to criminal trials?
  • Does a mere allegation of bias against an inquiry officer, without supporting evidence, invalidate the findings of a domestic inquiry?
  • Is an employee estopped from challenging the impartiality of an inquiry officer after actively participating in the inquiry proceedings?
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• Zulfiqar Ali Baloch vs Parka SH and 2 others2017 YLR 888 · Sindh High Court · 2016-11-08
  appeal against acquittalFederal Shariat Court jurisdictionOffences Against Property (Enforcement of Hudood) Ordinancespecial law versus general lawmaintainability of appealstatutory interpretation
  Summary & questions settled

  The appellant challenged an order of acquittal passed by the trial court under Sections 347, 504, 506(2), 34, Pakistan Penal Code 1860 read with Section 17(3) of the Offences Against Property (Enforcement of Hudood) Ordinance 1979. The core legal question for determination was whether an appeal against an order of acquittal passed under the Offences Against Property (Enforcement of Hudood) Ordinance 1979 is maintainable before the High Court or the Federal Shariat Court. The Sindh High Court held that appeals against convictions or acquittals in cases tried under the Offences Against Property (Enforcement of Hudood) Ordinance 1979 lie exclusively before the Federal Shariat Court pursuant to Section 24 of the Ordinance and Article 203DD of the Constitution of Pakistan 1973. The key principle laid down is that special laws governing hudood offences and their second provisos oust the general appellate jurisdiction of the High Court, ensuring that all related appeals regarding both the special law and associated penal provisions are adjudicated by the Federal Shariat Court to avoid conflicting judgments.

  Questions settled

  • Whether an appeal against an order of acquittal passed under the Offences Against Property (Enforcement of Hudood) Ordinance 1979 lies before the High Court or the Federal Shariat Court?
  • Does Section 24 of the Offences Against Property (Enforcement of Hudood) Ordinance 1979 exclude the application of Section 417 of the Code of Criminal Procedure 1898 regarding the forum of appeal?
  • Whether the Federal Shariat Court has exclusive appellate jurisdiction over cases tried under the Offences Against Property (Enforcement of Hudood) Ordinance 1979 including connected offences under the Pakistan Penal Code 1860?
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• Zulfiqar Abbasi vs Sohrab Khan & 6 others2017 SCR 1066 · Supreme Court of Azad Jammu and Kashmir · 2017-06-15Read full judgment →
• (1) Zulfiqar (2) Qasim Ali (3) The State vs (1) The State (2) Qasim Ali etc2017 LHC 1622 · Lahore High Court · 2017-04-13
  criminal appealbenefit of doubtidentification paradeocular evidencedelayed FIRcapital punishmentmurder trial
  Summary & questions settled

  This criminal appeal challenged the conviction and death sentences imposed by the trial court for murder and robbery. The core legal question was whether the prosecution established the appellants' guilt beyond reasonable doubt, considering the night-time occurrence, a twenty-three-hour delay in FIR registration, and the reliability of the identification parade. The Lahore High Court held that the prosecution failed to prove its case, setting aside the convictions and acquitting the appellants. The court laid down the principle that the benefit of doubt must be extended to the accused as a matter of right, not grace, whenever a single circumstance creates reasonable doubt in a prudent mind. It further established that significant, unexplained delays in lodging an FIR, the introduction of new witnesses at trial, and long intervals before conducting identification parades severely undermine the credibility of the prosecution's evidence. The court emphasized that identification parades must be conducted at the earliest opportunity to be valid, as memories fade, and that improvements to the initial version of events at trial render ocular testimony unreliable.

  Questions settled

  • Does a significant, unexplained delay in lodging an FIR create reasonable doubt in a criminal case?
  • Can an identification parade conducted after a long, unexplained delay be considered reliable evidence?
  • Does the introduction of new witnesses at trial, who were not mentioned in the initial FIR, undermine the credibility of the prosecution's ocular account?
  • Is the benefit of doubt in a criminal case a matter of right or a matter of grace for the accused?
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• Zuhrab Gul vs The State2017 PHC 1295 · Peshawar High Court · 2017-03-09Read full judgment →
• Zuhrab Gul vs The State and another2017 YLR 1376 · Peshawar High Court · 2017-03-09
  criminal appealadditional evidencedying declarationmedico-legal reportremandmurder referenceappellate jurisdictionfair trial
  Summary & questions settled

  This criminal appeal challenges the conviction and death sentence imposed by the Trial Court for multiple murders and related offences. The core legal question concerns the appellate court's authority to order the production of additional evidence when a material witness—a medical officer—was not properly examined regarding medico-legal reports and a dying declaration during the trial. The Court held that the conviction and sentences must be set aside, and the case remanded to the Trial Court for the re-examination of the medical officer. The Court emphasized that under Sections 428 and 540 of the Code of Criminal Procedure 1898, appellate forums possess wide, plenary powers to summon or recall witnesses if such evidence is essential for a just decision. The principle laid down is that while these powers should not be used to cure inherent prosecution infirmities, they must be exercised when necessary to prevent a miscarriage of justice, as the primary duty of a criminal court is to ascertain the truth and serve the interests of society, rather than acting as a mere arbiter between parties.

  Questions settled

  • Can an appellate court exercise its powers to record additional evidence under Section 428 of the Code of Criminal Procedure 1898 to rectify omissions made by the trial court?
  • Does the power of the court to summon material witnesses under Section 540 of the Code of Criminal Procedure 1898 extend to recalling witnesses for re-examination to ensure a just decision?
  • Is the appellate court's power to take additional evidence restricted to cases where the evidence was unavailable at the trial stage?
  • Can a conviction be set aside and the case remanded for re-examination of a witness if the trial court failed to examine them on critical medico-legal documents?
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• Zuhair Abbas Taheem vs The State and others2017 SCMR 77 · Supreme Court of Pakistan · 2016-09-16
  pre-arrest bailforgeryspecific performancecivil litigationmala fideco-accused
  Summary & questions settled

  This criminal appeal arose from a petition seeking pre-arrest bail in a case registered under Sections 420, 468, and 471 of the Pakistan Penal Code 1860, involving allegations of preparing a forged agreement to sell to usurp landed property. The Supreme Court of Pakistan considered whether the petitioner was entitled to pre-arrest bail given the pending civil litigation and the prior release of co-accused on bail. The Court observed that there was no direct allegation that the petitioner himself forged the agreement, and his co-accused had already been granted bail. Furthermore, the complainant lodged the FIR eight days after the petitioner filed a civil suit for specific performance regarding the same property. The Court held that the sequence of events prima facie indicated potential mala fides and ulterior motives on the part of the complainant. Consequently, the Court converted the petition into an appeal, allowed it, and confirmed the ad-interim pre-arrest bail previously granted to the petitioner.

  Questions settled

  • Can pre-arrest bail be granted if the FIR is lodged after the filing of a civil suit by the accused regarding the same dispute?
  • Does the grant of bail to co-accused with direct allegations of forgery support the confirmation of pre-arrest bail for an accused with no direct allegation of forgery?
  • Whether the possibility of mala fides and ulterior motives on the part of the complainant is a valid ground for confirming pre-arrest bail?
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• Zubair Khan vs Habib-ur-Rehman, etc2017 [M] C.L.R. 483 · Lahore High Court · 2016-04-28Read full judgment →
• Zubair Khan vs Habib Ur Rehman and another2017 MLD 141 · Lahore High Court · 2016-04-28Read full judgment →
• Zubair Khan through Superintendent Central PrisonI, Sukkur vs The State2017 YLR 1304 · Sindh High Court · 2016-08-30Read full judgment →
• Zubair and Noor Nawaz vs State2017 PHC 520 · Peshawar High Court · 2017-04-14Read full judgment →
• Zubair Ahmed vs The StateK.L.R. 2017 Criminal Cases 222 · Balochistan High Court · 2017-06-21
  death sentenceanti-terrorismocular evidencedelayed statementdisclosure memomurder referencearson
  Summary & questions settled

  This criminal appeal was filed by the appellant against his conviction and death sentence passed by the Special Judge, Anti-Terrorism Court, Khuzdar, under Sections 302, 324, 436, and 427 of the Pakistan Penal Code 1860, read with Section 7 of the Anti-Terrorism Act 1997. The prosecution case was that the appellant and his accomplices launched an armed attack, firing indiscriminately at a passenger wagon and shops, which resulted in a devastating fire that claimed seventeen lives. The High Court analyzed the ocular testimony of the driver and cleaner, who were natural and independent witnesses with no prior enmity or motive to falsely implicate the appellant. The Court also found that the delay in recording statements under Section 161 of the Code of Criminal Procedure 1898 was reasonably explained due to the witnesses being hospitalized or in shock. The Court held that a disclosure leading to the discovery of new facts, such as the identity of accomplices, is admissible under Article 40 of the Qanun-e-Shahadat Order 1984. Finding no mitigating circumstances, the High Court dismissed the appeal and confirmed the death sentence.

  Questions settled

  • Does a delay in recording a witness statement under Section 161 of the Code of Criminal Procedure 1898 automatically render the testimony inadmissible?
  • Is a disclosure made by an accused in police custody admissible if it leads to the discovery of new facts under Article 40 of the Qanun-e-Shahadat Order 1984?
  • Can minor discrepancies in prosecution evidence justify the acquittal of an accused when the core ocular and circumstantial evidence is reliable?
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• Zubaida Yaqoob Chaudhry vs The Military Estates Officer and others2017 LHC 3392 · Lahore High Court · 2017-10-10Read full judgment →
• Zubaida Yahoo Chaudhry vs The Military Estates Officer and others2017 [M] C.L.R. 1688 · Lahore High Court · 2017-10-10Read full judgment →
• Zone-Bahawalpur, R.T.O., Bahawalpur vs Messrs S.A. Cotton Ginners, Haroonabad2017 PTD (Trib.) 672 · Appellate Tribunal Inland Revenue · 2016-07-14Read full judgment →
• Zonal Manager, Canteen Store Department CSD, Quetta Cantt vs Abdul2017 [M] C.L.R. 1374 · Balochistan High CourtRead full judgment →
• Zonal Manager Canteen Store Department, Quetta Cantt vs Abdul2017 CLC 1593 · Balochistan High Court · 2017-06-23Read full judgment →
• Zohra Rani & another vs Kalsoom Bibi & 9 others2017 SCR 1124 · Supreme Court of Azad Jammu and Kashmir · 2017-05-04
  public appointmentsmerit listwrit jurisdictionpolitical interventionright to servicetransparent selectioneducational institutions
  Summary & questions settled

  This appeal by leave of the Court challenges the consolidated judgment of the Azad Jammu and Kashmir High Court, which accepted writ petitions filed by respondents against the appointment of the appellants as Junior Arabic Teachers (B-9) and directed a fresh selection process. The core legal question centered on whether public appointments made through a selection process lacking a transparent, duly prepared joint merit list and tainted by political intervention could be sustained in writ jurisdiction. The Supreme Court of Azad Jammu and Kashmir held that the High Court's decision to quash the merit list and appointment orders was unexceptional, as the official respondents failed to produce a valid, signed joint final merit list, and the selection process violated established criteria and principles of transparency. The key principle laid down is that the right to public service is constitutionally guaranteed and necessitates a fair, free, and transparent selection process adhering strictly to relevant rules, free from political or external pressure.

  Questions settled

  • Whether public appointments made without a duly prepared and signed joint merit list can be sustained under writ jurisdiction?
  • Can a court draw adverse inferences against official respondents who fail to produce relevant recruitment records when summoned?
  • Does the right to public service encompass the requirement of a fair, free, and transparent selection process?
  • Whether a selection process tainted by political intervention and lack of adherence to prescribed criteria is liable to be quashed?
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• Zohaib Shakoor vs Mahwish Pirzada and others2017 SHC 184 · Sindh High Court · 2017-04-06Read full judgment →
• Zohaib Hassan----Petitioner vs The Inspector General of Prison and2017 PLC (C.S) 507 · Lahore High Court · 2017-01-12
  Intra Court Appealappointment criteriafraudulent concealmentphysical fitnessvested rightpublic employmentheight measurement
  Summary & questions settled

  This Intra Court Appeal challenged an order dismissing a writ petition concerning the appointment of the Appellant as an Assistant Superintendent Jail. The core legal question was whether the Appellant, having failed to meet the physical height criteria due to alleged fraudulent concealment—specifically using a pad in his hair to artificially increase height—was entitled to the appointment despite previous medical reports. The Court held that the Appellant failed to rebut the specific allegations of fraudulent concealment raised by the Respondent. The Court observed that the Appellant fled when asked to remove the artificial aid, confirming the fraudulent conduct. Consequently, the Court upheld the dismissal of the petition, affirming the principle that a candidate has no vested right to a public post if they do not fulfill the prescribed qualification criteria. The Court found no illegality in the impugned order, noting that the Respondent’s findings regarding the concealment were sufficient to justify the denial of appointment, rendering the appeal meritless.

  Questions settled

  • Does a candidate have a vested right to be appointed to a post if they do not fulfill the prescribed qualification criteria?
  • Can a court consider new evidence of fraudulent concealment regarding eligibility criteria at an appellate stage?
  • Is an administrative decision regarding the disqualification of a candidate for fraudulent conduct valid if the candidate fails to rebut the allegations?
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• Zishan and others vs The State and others2017 PLD Lahore 731 · Lahore High Court · 2016-11-01
  criminal appealmurderocular evidencecapital punishmentreasonable doubtappreciation of evidenceacquittal
  Summary & questions settled

  This criminal appeal challenges the conviction and death sentences imposed on the appellants for the murder of the deceased. The core legal question was whether the prosecution successfully proved the guilt of the accused beyond reasonable doubt, given the alleged improbabilities in the ocular account and the deceased's extensive criminal history. The Lahore High Court held that the prosecution's narrative, involving the unanticipated arrival of an accused and the coincidental presence of witnesses at the crime scene during a cold winter night, was inherently suspicious and lacked natural synchronization with the events. The court emphasized that in criminal jurisprudence, a capital charge cannot be sustained on flawed foundations, even if forensic reports or weapon recoveries exist. Consequently, the court set aside the trial court's judgment, acquitted the appellants, and declined to confirm the death sentences. The judgment establishes that where the prosecution's case is fraught with contradictions and improbabilities, and the ocular evidence fails to inspire confidence, it is unsafe to maintain a conviction, particularly in capital cases where the burden of proof remains strictly on the prosecution.

  Questions settled

  • Can a conviction for murder be sustained when the prosecution's narrative of events is inherently improbable?
  • Does the recovery of incriminating weapons and positive forensic reports automatically validate a prosecution case that is otherwise based on unreliable ocular testimony?
  • Is a conviction safe when the prosecution witnesses' presence at the crime scene is deemed highly improbable and lacks a logical explanation?
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• Zishan & another vs State & othersPLJ 2017 Cr.C. (Lahore) 779 · Lahore High Court · 2016-11-01Read full judgment →
• Zillion Capital Securities (Pvt.) Ltd vs Director (Securities Marketing2017 CLD 751 · Securities and Exchange Commission of Pakistan · 2015-01-22
  securities regulationmarket manipulationproprietary tradingbrokerage compliancecircumstantial evidencefalse marketSecurities and Exchange Commission of Pakistan
  Summary & questions settled

  This appeal was filed under Section 33 of the Securities and Exchange Commission of Pakistan Act, 1997, challenging an order imposing a penalty on a brokerage firm, Zillion Capital Securities (Pvt.) Ltd. The Securities and Exchange Commission of Pakistan had penalized the appellant for alleged violations of Clauses A(2), A(4), and A(5) of the Code of Conduct under the Brokers and Agents Registration Rules, 2001, specifically regarding the creation of a false market and lack of due skill and care in proprietary trading. The core legal question was whether the appellant's trading patterns, which showed a high volume of matched trades with another broker, constituted prohibited market manipulation or malpractices under the applicable regulations. Upon review, the Commission found the evidence presented by the department to be merely circumstantial and insufficient to conclusively prove that the appellant engaged in malpractice or violated the specified clauses. Consequently, the Commission held that the evidence failed to establish the alleged contraventions, set aside the impugned order, and allowed the appeal. The principle established is that circumstantial evidence alone is insufficient to sustain a finding of regulatory malpractice without clear proof of intent or violation.

  Questions settled

  • Does a high volume of matched trades between two brokers in a proprietary account, without further evidence, constitute a violation of the Code of Conduct under the Brokers and Agents Registration Rules, 2001?
  • Is circumstantial evidence of trading patterns sufficient to establish a violation of Clauses A(2), A(4), and A(5) of the Third Schedule of the Brokers and Agents Registration Rules, 2001?
  • What is the standard of proof required for the Securities and Exchange Commission of Pakistan to impose a penalty for market malpractice under Section 22 of the Securities and Exchange Ordinance, 1969?
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• Ziaullah vs The State etc2018 P Cr. L J 1104, PLJ 2018 Cr.C. 758, 2017 LHC 4020 · Lahore High Court · 2017-12-07
  criminal appealbenefit of doubtjudicial confessionextra-judicial confessionretracted confessionocular accountfirearm recoverymurder
  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 qatl-i-amd and sentencing him to imprisonment for life. The core legal questions involved the reliability of the ocular account given the darkness and distance from the crime scene, the admissibility and voluntariness of extra-judicial and judicial confessions, compliance with procedural safeguards under Section 164 and Section 364 of the Code of Criminal Procedure 1898 read with the Oaths Act 1873, and the credibility of weapon recoveries without independent witnesses. The Lahore High Court held that the prosecution failed to prove its case beyond reasonable doubt as the identification of the accused was doubtful, the judicial confession was inadmissible having been recorded on oath in the presence of police officers, and the extra-judicial confession and weapon recoveries lacked credibility. The court established the key principle that even a single circumstance creating doubt in a prudent mind entitles the accused to the benefit of doubt as a matter of right.

  Questions settled

  • Whether a judicial confession recorded on oath in the presence of police officials is admissible in evidence?
  • Can a conviction for a capital charge be sustained solely on the basis of an extra-judicial confession without strong corroboration?
  • Is the identification of an accused reliable when the eye-witnesses are situated at a considerable distance in the dark and the alleged sources of light are not produced during investigation?
  • What are the mandatory procedural requirements for recording a voluntary judicial confession under Section 164 of the Code of Criminal Procedure 1898?
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• Ziaullah Afridi vs Government of Khyber Pakhtunkhwa and others2017 PHC 1224 · Peshawar High Court · 2017-10-03Read full judgment →
• Zia-ur-Rehman, Traffic Warden vs Chief Secretary, Government of the Punjab, Lahore and 3 others2017 [M] C.L.R. 769 · Punjab Service Tribunal
  service appealtraffic wardenfrozen allowancesubstantive payadditional basic payterms and conditions of servicespecial pay
  Summary & questions settled

  This service appeal was filed under Section 4 of the Punjab Service Tribunals Act, 1974 by a Traffic Warden challenging the orders of the Finance Secretary and Chief Secretary freezing one additional basic pay and 20 days fixed daily allowance granted at the time of appointment. The core legal question was whether the additional emoluments fixed upon induction constituted substantive pay protected under Section 16 of the Punjab Civil Servants Act, 1974 and Rule 2.44 of the Civil Services Rules (CSR) Punjab, or whether they were special pay subject to freezing under a Finance Department circular. The Tribunal held that the emoluments formed an integral part of the appellant's substantive pay fixed by the competent authority rather than a special allowance, and therefore could not be lawfully frozen or modified to the appellant's disadvantage. The Tribunal set aside the impugned orders, accepted the appeal, and directed the respondents to restore the emoluments and clear all arrears.

  Questions settled

  • Whether emoluments granted as one additional basic pay and fixed daily allowance at the time of appointment constitute substantive pay or special pay?
  • Does the Finance Department have the authority under a general circular to freeze a component that forms an integral part of a civil servant's substantive pay?
  • Can the terms and conditions regarding pay fixed upon induction into service be modified or reduced to the disadvantage of a civil servant?
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• Zia-ul-Qamar, Ad&SJ, Rahim Yar Khan vs The Registrar, Lahore High Court, LahoreK.L.R 2017 Labour & Service 57 · Subordinate Judiciary Service Tribunal
  adverse remarksannual confidential reportperformance evaluation reportexpunction of remarksjudicial officerservice tribunalsubjective assessment
  Summary & questions settled

  This appeal challenged the rejection of the appellant's representation for the expunction of adverse remarks recorded in his Annual Confidential Report (ACR) or Performance Evaluation Report (PER) for a short period of four months. The core legal question was whether the adverse remarks recorded by the Reporting Officer were sustainable in light of the appellant's long-standing unblemished service record and the lack of supporting material. The Tribunal held that while evaluation is generally a matter of subjective assessment, adverse remarks can be expunged if there is a gross violation of instructions or if the remarks do not present the truest possible picture of the officer, especially when contradicted by a long history of good performance and subsequent promotion. The Tribunal laid down the principle that a sudden drastic change in grading by the same reporting officer requires particularized supporting material, and failure to provide instances of lapse renders the adverse remarks arbitrary and liable to be expunged.

  Questions settled

  • Can the Subordinate Judiciary Service Tribunal substitute the view of a Reporting Officer regarding performance evaluation?
  • Under what exceptions can adverse remarks in an ACR or PER be expunged by a service tribunal?
  • Does a sudden contradiction in an ACR by the same reporting officer require specific supporting material?
  • Whether subsequent promotion of a civil servant affects the validity of prior adverse remarks?
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• Zia Akbar & 2 others vs The State & 5 others2017 SCR 923 · Supreme Court of Azad Jammu and Kashmir · 2017-04-24
  criminal appealmedical evidencesentencingsharp-edged weaponAzad Penal Codediscrepancy in evidencequantum of sentence
  Summary & questions settled

  This criminal appeal challenged a judgment of the Shariat Court, which had upheld the convictions and sentences of several appellants for murder and related offenses. The core legal question concerned whether the conviction and ten-year sentence imposed on the appellant, Imtiaz Akbar, under Section 302 of the Azad Penal Code were sustainable, given that the prosecution alleged he used a stick, while medical evidence indicated the deceased's injuries were caused by sharp-edged weapons. The Supreme Court of Azad Jammu and Kashmir held that the lower courts overlooked the discrepancy between the prosecution's story and the medical evidence. The doctor’s testimony categorically stated the injuries could only result from sharp-edged weapons, contradicting the allegation that the appellant used a stick. Consequently, the Court held that the appellant could only be punished for the offence actually committed. The Court altered the appellant's sentence to the period already undergone, finding five years' rigorous imprisonment adequate given the circumstances. The judgment reaffirms the principle that punishment must be compatible with the specific allegations and evidence, and courts must not award sentences blindly without considering the background and nature of the offence.

  Questions settled

  • Can a conviction under Section 302 of the Azad Penal Code be sustained when medical evidence contradicts the weapon allegedly used by the accused?
  • Is a court required to align the sentence with the specific role and evidence proven against an accused?
  • Does a discrepancy between the prosecution's story regarding the weapon used and the medical report necessitate a reduction in sentence?
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• Zeshan vs Manzoor Aman and another2017 P Cr. L J 294 · Peshawar High Court · 2016-02-16
  summoning of witnessescriminal procedurefair trialjudicial discretionrevisional jurisdictionmaterial witnessfilling lacuna
  Summary & questions settled

  This revision petition challenged a Trial Court order allowing the complainant's application to summon a witness, Mst. Reema, who was not originally listed in the FIR or the calendar of witnesses. The petitioner argued this was an attempt to fill lacunae in the prosecution's case. The core legal question was whether the Trial Court possesses the authority to summon a witness not cited in the challan. The Court held that under Sections 265-F and 540 of the Code of Criminal Procedure 1898, the Trial Court has the discretion to summon any person acquainted with the facts of the case if their evidence is essential for a just decision. The Court clarified that Section 265-F does not restrict the examination of witnesses solely to those listed in the challan. The key principle laid down is that the Court's power to summon witnesses is designed to ensure a fair trial and reach a just conclusion, provided the exercise of this power does not cause undue delay or prejudice the defence, which retains the right to cross-examine.

  Questions settled

  • Can a Trial Court summon a witness who is not listed in the FIR or the calendar of witnesses?
  • Does Section 265-F of the Code of Criminal Procedure 1898 limit the prosecution to only those witnesses whose statements were recorded under Section 161?
  • What are the two parts of the power exercised by a Court under Section 540 of the Code of Criminal Procedure 1898?
  Read full judgment →
• Zeeshan vs StatePLJ 2017 Cr.C. (Karachi) 939 · Sindh High Court · 2017-07-21
  post-arrest bailstatutory delaydelay in trialright to fair trialmurderhardship bail
  Summary & questions settled

  The applicant sought post-arrest bail in a murder case registered under Section 302 of the Pakistan Penal Code 1860, primarily on the ground of statutory delay in the conclusion of the trial. The core legal question was whether an accused is entitled to bail on the statutory ground of inordinate delay in trial when the delay is not attributable to him and the trial has not concluded after four years of incarceration. The Sindh High Court held that the applicant made out a case for bail due to statutory delay, emphasizing that a timely and fair trial is a fundamental right and keeping an accused incarcerated indefinitely without trial conclusion violates the administration of justice. The court laid down the principle that inordinate delay in the conclusion of a trial, not caused by the accused, brings the case within the beneficial ambit of Section 497 of the Code of Criminal Procedure 1898, entitling the accused to the concession of bail.

  Questions settled

  • Whether an accused is entitled to bail on the ground of statutory delay when the trial has not concluded after four years of incarceration?
  • Does inordinate delay in the conclusion of a trial, not attributable to the accused, amount to an abuse of the process of law?
  • Can an accused be deprived of the right to a timely disposal of a trial without plausible justification?
  Read full judgment →
• Zeeshan vs Jehangir and another2017 YLR 1567 · Peshawar High Court · 2016-01-18Read full judgment →
• Zeeshan @ Shani vs The State2017 PLD Supreme Court 165 · Supreme Court of Pakistan · 2016-03-15
  Qatl-i-amdDying declarationSudden fightPremeditationCriminal appealSentence reductionQisas
  Summary & questions settled

  This appeal challenged the conviction of the appellant under Section 302(b) of the Pakistan Penal Code 1860 for the murder of the deceased following a dispute over money. The core legal questions concerned the admissibility of the deceased's statement regarding the cause of death and the appropriate classification of the offence given the circumstances of the incident. The Supreme Court held that the statement made by the deceased regarding the cause of his death was admissible under Article 46 of the Qanun-e-Shahadat Order 1984, regardless of whether the deceased expected death. Regarding the classification, the Court determined that because the incident occurred during a sudden fight without premeditation, and involved only a single blow with a stick, the case fell under Section 302(c) of the Pakistan Penal Code 1860 rather than Section 302(b). Consequently, the Court altered the conviction to Section 302(c) and reduced the sentence to ten years of rigorous imprisonment, affirming that Section 302(c) applies where qisas is not applicable due to the absence of premeditation or specific intent.

  Questions settled

  • Is a statement made by a deceased person regarding the cause of death admissible under Article 46 of the Qanun-e-Shahadat Order 1984 if the deceased was unaware of impending death?
  • Does a single blow with a stick resulting in death during a sudden fight without premeditation fall under Section 302(b) or Section 302(c) of the Pakistan Penal Code 1860?
  • What criteria determine whether a case of qatl-i-amd falls under the ambit of Section 302(c) of the Pakistan Penal Code 1860?
  Read full judgment →
• Zeenat Begum wife of Qurban Hussain, caste Jatt, r/o village Mawa, Tehsil2017 SC AJK 206 · Supreme Court of Azad Jammu and KashmirRead full judgment →
• Zawar Hussain vs Director-General Livestock and Dairy Development2017 PLC (C.S.) 965 · Lahore High Court · 2016-12-14
  Constitutional petitionJudicial restraintAdministrative discretionVested rightService mattersPolicy decisionsJudicial review
  Summary & questions settled

  This constitutional petition challenged an order rejecting the petitioner's grievance regarding the withdrawal of his adjustment against a different post. The petitioner, originally appointed as a Baildar, had been temporarily adjusted to a Farm Guard position, which the department subsequently withdrew. The core legal question was whether the High Court could interfere with administrative policy decisions regarding employee postings and whether the petitioner acquired a vested right to the new position. The Court dismissed the petition, holding that the adjustment was temporary and did not confer a permanent right or change the petitioner's cadre. The Court emphasized the principle of judicial restraint, ruling that it should not interfere in administrative policy matters or substitute its judgment for that of the executive unless the decision is arbitrary, mala fide, or illegal. The judgment established that judicial review is confined to the legality of the decision-making process rather than the merits of the policy itself. Since the petitioner failed to demonstrate any mala fides or violation of law, the Court declined to interfere with the department's administrative discretion.

  Questions settled

  • Does a temporary adjustment of a civil servant to a different post create a vested right to that position?
  • Can the High Court interfere with administrative policy decisions regarding the posting and transfer of government employees?
  • What is the scope of judicial review regarding the administrative decision-making process of the executive?
  • Is an employee entitled to challenge the withdrawal of a temporary adjustment order if no mala fides are proven?
  Read full judgment →
• Zarmenosh and others vs Siraj Khan and others2017 YLR 666 · Peshawar High Court · 2015-11-04Read full judgment →
• Zarai Taraqiati Bank Ltd vs Muhammad Asim Rafique and others2017 PLC (C.S.) 397 · Supreme Court of Pakistan · 2016-06-30
  regularization of servicemanagement traineeunequal bargaining positionpublic sector employmentbank employeeemployment contract
  Summary & questions settled

  This matter arises from an appeal filed by Zarai Taraqiati Bank Ltd against judgments directing the regularization of the respondents' employment. The respondents had applied for the post of Management Trainee Officers following an advertisement by the appellant-bank, underwent a rigorous selection process, and were subsequently inducted under contracts termed as on-the-job training instead of receiving regular appointment letters. The core legal question was whether the bank could bypass regular employment by disguising actual officer recruitment as a training program and deny regularization based on such contracts, despite lacking the statutory mandate to conduct outside training and the respondents performing regular officer duties satisfactorily. The Supreme Court held that the entire recruitment process was for regular posts and the contracts were signed under unequal bargaining positions due to unemployment, preventing the bank from using them to deny regularization. The Court ruled that the bank, as a public-funded entity, could not act whimsically or squander public funds, and affirmed the lower courts' decisions, dismissing the appeals.

  Questions settled

  • Whether an employer can deny regular employment by issuing training contracts after completing a regular selection process for officer posts?
  • Can a statutory bank conduct general training programs for outsiders outside its statutory mandate?
  • Whether employment contracts signed under an unequal bargaining position due to unemployment can be used as an obstruction to regularization?
  Read full judgment →
• Zar Wali Khan vs Saddique Akbar and 6 others2017 MLD 49 · Peshawar High Court · 2015-12-22Read full judgment →
• Zar Nasib Khan & Israr Uddin vs State2017 PHC 682 · Peshawar High Court · 2017-07-12Read full judgment →
• Zar Farosh Khan and others vs Muqarab Khan2017 PHC · Peshawar High Court · 2017-02-13Read full judgment →
• Zar Farosh Khan and 3 others vs Muqarab Khan and 10 others2017 MLD 1167 · Peshawar High Court · 2017-02-13Read full judgment →
• Zamurad Khan vs Sabir Khan2017 YLR 355 · Peshawar High Court · 2014-05-20Read full judgment →
• Zamindaran Khaltaro through Representatives and others vs Zamindaran Village Daso Haramosh through Representatives and others2017 YLR 2521 · Gilgit Baltistan Chief Court · 2016-10-19Read full judgment →
• Zakri Ya vs The State and another2017 YLR 278 · Peshawar High Court · 2016-08-26Read full judgment →
• Zakiullah vs National Accountability Bureau through Chairman and 52017 P Cr. L J 1292 · Peshawar High Court · 2017-03-29
  freezing of bank accountsNational Accountability Ordinance 1999delegation of powersconstitutional petitionNAB inquiryillegal freezing order
  Summary & questions settled

  This constitutional petition was filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, challenging a freezing order issued by National Accountability Bureau (NAB) officials against the petitioner's bank accounts. The core legal question was whether subordinate NAB officials possess the statutory authority to freeze an accused's property under the National Accountability Ordinance, 1999, without explicit delegation of power from the Chairman NAB. The Court held that the freezing order was illegal, unlawful, and void. The ratio of the decision is that the power to freeze property under Section 12 of the National Accountability Ordinance, 1999, is vested exclusively in the Chairman NAB or the Court trying the accused. While Section 34(A) of the Ordinance permits the delegation of powers, the respondents failed to produce any evidence of a written order authorizing the officials to exercise such power. Consequently, the Court established the principle that freezing orders issued by unauthorized NAB officials, absent valid delegation, constitute an unlawful exercise of jurisdiction and cannot be sustained in law.

  Questions settled

  • Does the National Accountability Ordinance, 1999 authorize subordinate officials to freeze an accused's bank accounts without specific delegation of power from the Chairman NAB?
  • Is a freezing order issued by NAB officials without written authorization under Section 34(A) of the National Accountability Ordinance, 1999 legally valid?
  • Under the National Accountability Ordinance, 1999, which authorities are empowered to order the freezing of an accused's property?
  Read full judgment →
• Zakir Qureshi vs The State2017 PHC 628 · Peshawar High Court · 2017-06-07Read full judgment →
• Zakir Hussain, Deputy Chief Admin Officer, Pak. Metrological, Deptt. vs Federation of Pakistan through Secretary Establishment Division and 2 others2017 PLJ Tr.C. (Services) 4 · Federal Service Tribunal
  service appealpromotionmandatory trainingvested rightsdepartmental promotion committeecivil servantcurrent charge
  Summary & questions settled

  This service appeal challenged an appellate order denying the appellant's promotion from Deputy Chief Admin Officer (BS-18) to Chief Admin Officer (BS-19). The core legal question was whether the appellant, the senior-most eligible officer, could be denied promotion due to a subsequent change in policy regarding mandatory training requirements (Mid Career Management Course) after the vacancy had already arisen. The Federal Service Tribunal held that the appellant was entitled to be considered for promotion from the date the vacancy became available. The Tribunal reasoned that the respondents' delay in convening the Departmental Promotion Committee was unjustified and that civil servants should not suffer due to administrative lethargy or retrospective application of policy changes that disadvantage their terms and conditions of service. The Tribunal established that when a substantive vacancy exists, a senior-most civil servant is entitled to be considered for promotion based on the policy in force at the time the vacancy occurred, and administrative rules cannot be applied to the detriment of a civil servant's vested rights.

  Questions settled

  • Can a civil servant be denied promotion due to a policy change regarding mandatory training that occurred after the vacancy arose?
  • Is a civil servant entitled to be considered for promotion from the date a substantive vacancy becomes available?
  • Can administrative rules be applied retrospectively to the detriment of a civil servant's terms and conditions of service?
  Read full judgment →
• Zakir Hussain vs The State2017 P Cr. L J 757 · Gilgit Baltistan Chief Court · 2016-11-02
  circumstantial evidenceplea of insanityunsoundness of mindanti-terrorism actmodern devices evidencemurder referencelast seen evidence
  Summary & questions settled

  This criminal appeal and murder reference arose from the conviction and death sentence of the appellant by the trial court for the abduction and brutal murder of a three-year-old child from a mosque, under the Pakistan Penal Code and the Anti-Terrorism Act. The core legal questions involved whether the circumstantial and modern-device evidence sufficiently established guilt, whether the plea of insanity under section 84 of the Pakistan Penal Code was established, and whether the gruesome nature of the crime constituted an act of terrorism. The Gilgit Baltistan Chief Court held that the prosecution successfully proved its case through unbroken circumstantial links, unchallenged witness testimonies, and modern device evidence, and that the appellant failed to prove legal insanity as no foundation or medical evidence was raised during the trial. The Court further held that an act generating widespread fear and panic in society qualifies as terrorism under the Anti-Terrorism Act regardless of specific terrorist motives. Consequently, the conviction and death sentence were upheld.

  Questions settled

  • Can an accused rely on the plea of unsoundness of mind under Section 84 of the Pakistan Penal Code without laying a foundational plea or producing medical evidence during the trial?
  • Whether an act of extreme brutality committed without a direct political or ideological motive can be classified as terrorism under the Anti-Terrorism Act based on the resulting psychological terror in society?
  • Is a conviction sustainable solely on the basis of circumstantial evidence when the chain of events leaves no missing link connecting the accused to the crime?
  • Are confessions or statements recorded through modern devices such as CDs admissible in evidence under Article 164 of the Qanun-e-Shahadat Order 1984?
  Read full judgment →
• Zaki Ullah vs NAB2017-PHC · Peshawar High Court · 2017-03-29Read full judgment →
• Zaka Ullah vs Province of Punjab, etc.2017 PLJ Lahore 105 · Lahore High Court · 2016-11-04Read full judgment →
• Zaka Ullah vs Member Board of Revenue, Etc2017 LHC 3992 · Lahore High Court · 2017-11-01Read full judgment →
• Zaka UIIah Malik vs Chief Administrator Augaf, etc2017 [M] C.L.R. 1326 · Lahore High Court · 2015-04-22Read full judgment →
• Zain Ali vs Province of Punjab, etc.2017 LHC 378 · Lahore High Court · 2017-01-25Read full judgment →
• Zaid and anothers vs The State2017 MLD 40 · Gilgit Baltistan Chief Court · 2016-03-18Read full judgment →
• Zaib-un-Nisa vs Mehbood Hussain Shah2017 SCR 1644 · Supreme Court of Azad Jammu and Kashmir · 2017-11-16Read full judgment →
• Zahur Ahmad through LR.s and others vs Pakistan Cargo Services (Pvt)2017 PLJ Lahore 64 · Lahore High CourtRead full judgment →
• Zahoor Ahmed vs Mohammad Siddique2017 CLC 704 · Supreme Court of Azad Jammu and Kashmir · 2015-08-17Read full judgment →
• Zahoor Ahmed Naveed vs Manager, the Bank of Punjab, Muzaffargarh2017 PLC 28 · National Industrial Relations Commission · 2016-05-03
  grievance petitionlimitation perioddismissal from servicegrievance noticeindustrial relationscause of actioncondonation of delay
  Summary & questions settled

  This matter concerns a grievance petition filed under Section 33 of the Industrial Relations Act, 2012, challenging the petitioner's dismissal from service. The core legal question was whether a grievance notice served upon the employer after the statutory 90-day period—following the exhaustion of a departmental appeal—is maintainable. The respondent filed an application under Order VII, Rule 11 of the Code of Civil Procedure, 1908, seeking dismissal on the grounds of limitation. The court held that the cause of action arises from the date of the dismissal order, not the date of the departmental appeal's rejection. Consequently, the grievance notice served beyond the 90-day limit was time-barred. The court affirmed that departmental appeals or mercy petitions do not substitute for the mandatory grievance notice required by statute. As the petitioner failed to serve the notice within the prescribed period and provided no application for condonation of delay, the court allowed the respondent's application and dismissed the grievance petition as non-maintainable.

  Questions settled

  • Does a departmental appeal process extend the limitation period for serving a grievance notice under the Industrial Relations Act, 2012?
  • Can a departmental appeal or mercy petition be treated as a valid grievance notice under the Industrial Relations Act, 2012?
  • From what date does the cause of action arise for the purpose of calculating the limitation period for a grievance notice in a dismissal case?
  • Is a grievance petition maintainable if the grievance notice was served beyond the statutory 90-day period without an application for condonation of delay?
  Read full judgment →
• Zahoor Ahmed & 8 others vs Muhammad Mehrban & 3 others2017 SCR 1370 · Supreme Court of Azad Jammu and Kashmir · 2017-07-06Read full judgment →
• Zahoor Ahmad vs The State2017 SCMR 1662 · Supreme Court of Pakistan · 2017-05-25
  murder convictiondeath sentencereduction of sentencelife imprisonmentunproved motivemitigating circumstancesprompt FIR
  Summary & questions settled

  This criminal appeal, brought with leave of the Court, was filed against a decision of the Lahore High Court maintaining the appellant's conviction under Section 302(b), P.P.C. and death sentence for murder. Counsel for the appellant did not press the appeal on merits but sought reduction of sentence on the ground that motive and recovery were disbelieved by the lower courts. The Supreme Court re-appraised the evidence and affirmed the conviction, observing that the prompt FIR, reliable eyewitness account, and medical evidence established guilt beyond reasonable doubt without risk of mistaken identity. However, on the question of sentence, the Court noted that the motive asserted by the prosecution remained unproved and the alleged weapon recovery was inconsequential due to the absence of a positive Forensic Science Laboratory report. The Supreme Court held that failure to prove the motive and the unreliability of recovery constitute sufficient mitigating circumstances. Consequently, the appeal was partly allowed, altering the death sentence to imprisonment for life while preserving compensation and granting benefit under Section 382-B, Cr.P.C.

  Questions settled

  • Does the failure of the prosecution to prove the alleged motive constitute a mitigating circumstance for reducing a death sentence to life imprisonment?
  • Can a conviction under Section 302(b), P.P.C. be maintained solely on reliable eyewitness account and medical evidence when motive is unproved and recovery is inconsequential?
  • Does weapon recovery without a positive report from the Forensic Science Laboratory hold any evidentiary value in a murder trial?
  Read full judgment →
• Zahir Yousaf and another vs The State and another2017 SCMR 2002 · Supreme Court of Pakistan · 2017-05-10
  Criminal appealMurderBenefit of doubtAcquittalOcular evidenceMedical evidenceMotiveDiscrepancies in evidenceSentence enhancement
  Summary & questions settled

  This matter involved a criminal appeal filed by Zahid Yousaf against his conviction under Section 302(b) PPC, initially sentenced to death by the trial court and later converted to life imprisonment by the High Court. Concurrently, a criminal petition sought to enhance the sentence back to death. The core legal question revolved around the sustainability of the conviction, considering discrepancies in the prosecution's evidence. The Supreme Court held that the prosecution case was doubtful due to the occurrence taking place in darkness without a light source, the doubtful presence of ocular witnesses (indicated by the deceased's open eyes in the inquest report), medical evidence contradicting the ocular account regarding the firing distance, and a vague motive. Consequently, the Court allowed the appeal, extended the benefit of doubt to Zahid Yousaf, and acquitted him of the charge. The criminal petition for enhancement of sentence was dismissed both on merits and as time-barred, as the respondent had been acquitted.

  Read full judgment →
• Zahir Shah vs The State2017 MLD 1076 · Sindh High Court · 2017-02-23
  pre-arrest bailgas thefttampering with gas pipelinesprohibitory clausealternative punishmentdouble jeopardycriminal miscellaneous
  Summary & questions settled

  This criminal bail application was filed by the applicant/accused Zahir Shah seeking pre-arrest bail in a case registered under Section 15 of the Gas (Theft Control and Recovery) Act, 2016, for allegedly tampering with a gas service line to steal gas at a hotel owned by him. The core legal questions involved whether the offence fell within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898, and whether the accused was entitled to bail as of right on the ground that the offence carried a punishment of fine alongside mandatory minimum rigorous imprisonment. The Sindh High Court held that since Section 15 prescribes a mandatory minimum rigorous imprisonment alongside a fine, rather than an alternative sentence of fine alone, the principle of bail as of right does not apply. Furthermore, the court held that gas theft constitutes a serious offence against society, and finding no malice or ulterior motive in the police or complainant's actions, dismissed the pre-arrest bail application and recalled the interim bail.

  Questions settled

  • Whether an accused is entitled to bail as of right when an offence is punishable with imprisonment as well as a fine?
  • Does the offence under Section 15 of the Gas (Theft Control and Recovery) Act, 2016 fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898?
  • Can pre-arrest bail be granted in the absence of established malice or ulterior motive on the part of the complainant or police?
  • Is gas theft considered an offence against society as a whole while assessing the concession of pre-arrest bail?
  Read full judgment →
• Zahir Shah vs Abdul Ghafar2017 YLR 939 · Peshawar High Court · 2016-08-26Read full judgment →
• (1) Zahir Rahman (2) Khall, District Dir Lower vs (1) State (2) Zahir Rahman2017 PHC 1125 · Peshawar High Court · 2017-10-23Read full judgment →
• Zahir Gul and 4 others vs Government of Pakistan through Additional2017 MLD 475 · Peshawar High Court · 2016-11-01Read full judgment →
• Zahida Parveen vs State and anotherPLJ 2017 Cr.C. (Lahore) 789 · Lahore High Court · 2017-03-29
  post-arrest bailfurther inquiryunexplained delay in FIRcommon objectcriminal liabilityforensic evidence
  Summary & questions settled

  This matter concerns a petition for post-arrest bail filed by the petitioner, Zahida Parveen, who was accused in an F.I.R. involving charges under Sections 302, 147, and 149 of the Pakistan Penal Code 1860, relating to the alleged murder of Mst. Saima. The core legal question was whether the petitioner was entitled to bail given the circumstances of the investigation and the evidence presented. The Court observed that there was an unexplained three-month delay in lodging the F.I.R., no specific role was attributed to the petitioner, and co-accused with similar roles had been declared innocent during the investigation. Furthermore, forensic reports negated poisoning, and medical evidence did not support allegations of sexual assault, while the cause of death was attributed to an injury not specifically linked to the petitioner. Holding that the case required further inquiry within the meaning of Section 497(2) of the Code of Criminal Procedure 1898, the Court granted post-arrest bail, emphasizing that the petitioner's continued incarceration served no purpose as the investigation was complete.

  Questions settled

  • Does an unexplained delay in lodging an F.I.R. constitute a ground for granting bail?
  • Is a petitioner entitled to bail when co-accused with similar roles have been declared innocent during investigation?
  • When does a case fall within the scope of further inquiry under Section 497(2) of the Code of Criminal Procedure 1898?
  Read full judgment →
• Zahid Younus---Appellant in the matter of vs Mrs. Khair UN Nisa2017 PLD Sindh 555 · Sindh High Court · 2016-12-05Read full judgment →
• Zahid Younis, District Public Prosecutor and another vs Chief2017 PLJ Tr.C. (Services) 163 · Punjab Service Tribunal
  civil servantprosecutorservice tribunal jurisdictionPEEDA Actindependent prosecution service
  Summary & questions settled

  This matter involves service appeals filed by District Public Prosecutors challenging their departmental penalty orders issued under the PEEDA Act, 2006. The core legal question addressed by the Punjab Service Tribunal is whether prosecutors appointed under the Punjab Criminal Prosecution Service (Constitution, Functions and Powers) Act, 2006 qualify as civil servants, thereby falling within the adjudicatory jurisdiction of the Service Tribunal. Relying on binding precedent from the Supreme Court concerning parallel legislation, the Tribunal held that prosecutors are public servants rather than civil servants, as the governing statute provides an independent administrative mechanism and excludes the application of general civil servant laws. Consequently, the Tribunal concluded it lacked jurisdiction to entertain the appeals, resulting in their dismissal as non-maintainable. The key principle laid down is that members of the prosecution service governed by the 2006 Act are not civil servants and must seek remedies outside the Service Tribunal.

  Questions settled

  • Whether prosecutors appointed under the Punjab Criminal Prosecution Service (Constitution, Functions and Powers) Act, 2006 are civil servants?
  • Does the Punjab Service Tribunal have jurisdiction to adjudicate service appeals filed by public prosecutors?
  • What is the effect of Section 20 of the Punjab Criminal Prosecution Service (Constitution, Functions and Powers) Act, 2006 regarding the applicability of civil servant laws?
  • Are employees excluded from the definition of civil servant under the PEEDA Act, 2006 entitled to invoke the jurisdiction of the Service Tribunal?
  Read full judgment →
• Zahid Saeed Lecturer & other vs Director General technical education &2017 PHC 709 · Peshawar High Court · 2017-06-06Read full judgment →
• Zahid Pervez vs Board of Revenue through Secretary Colonies, Lahore2017 CLC 1411 · Lahore High Court · 2015-11-10Read full judgment →
• Zahid Nawab, CEO Research Hub for Pak's Physiotherapy vs Securities2017 CLD 1734 · Securities and Exchange Commission of Pakistan · 2017-03-20Read full judgment →
• Zahid Mohibullah vs Government of Khyber Pakhtunkhwa through Secretary Local Government and 10 others2017 MLD 930 · Peshawar High CourtRead full judgment →
• Zahid Mehmood and another vs Shabbir Ul Haq and 2 others2017 CLC 1371 · Lahore High Court · 2016-12-13Read full judgment →
• Zahid Mazhar vs Ali Azeem Ikram, Head of Department (Enforcement)2017 CLD 1035 · Securities and Exchange Commission of Pakistan · 2015-07-24Read full judgment →
• Zahid Khan vs K.T.H2017 PHC 1210 · Peshawar High Court · 2017-12-07Read full judgment →
• Zahid Iqbal vs The State2017 SCMR 1543 · Supreme Court of Pakistan · 2017-04-19
  triple murdertest identification paradeocular evidenceforensic corroborationcapital punishmentcriminal appeal
  Summary & questions settled

  This criminal appeal arises from a conviction for a triple murder committed in daylight, where the appellant, posing as a cable repairman, killed three inmates, including a minor, in their residence. The core legal question before the Supreme Court was whether the prosecution had established the appellant's guilt beyond reasonable doubt through the ocular account and corroborating evidence. Upon re-evaluating the record, the Court held that the conviction was sound. The prosecution successfully relied on a test identification parade where eye-witnesses correctly identified the appellant, whose testimony remained consistent and credible. This ocular account was further corroborated by medical evidence and forensic reports confirming that a firearm recovered from the appellant matched crime-empties found at the scene. The Court affirmed the concurrent findings of the lower courts, noting the appellant's extreme barbarity. The key principle laid down is that where eye-witness testimony is consistent, credible, and supported by forensic and medical evidence, it is sufficient to sustain a conviction for capital offences, particularly when the appellant fails to demonstrate any reason for false implication.

  Questions settled

  • Is the identification of an accused in a test identification parade, when corroborated by forensic evidence, sufficient to sustain a conviction for murder?
  • Can a conviction for murder be upheld based on the testimony of chance witnesses if their presence at the scene is explained and credible?
  • Does the use of extreme barbarity in the commission of a triple murder justify the imposition of the death penalty?
  Read full judgment →
• Zahid Hussain, deceased, s/o Mohammad Afzal Khan, caste Khakha, r/o2017 SC AJK 106 · Supreme Court of Azad Jammu and KashmirRead full judgment →
• Zahid Hussain vs The State2017 PHC 736 · Peshawar High Court · 2017-06-12Read full judgment →
• Zahid Hussain vs The Chairman Selection Committee/ Chairman2017 CLC 426 · Balochistan High Court · 2016-11-14Read full judgment →
• Zahid Hussain Makhdoom vs Secretary/Chairman, Pakistan Railways,2017 PLJ Tr.C. (Services) 241 · Federal Service Tribunal
  dismissal from serviceunauthorized absencedepartmental inquiryservice appealex parte proceedingspresumption of service
  Summary & questions settled

  The appellant, a Sub-Engineer/Loco Foreman with Pakistan Railways, challenged an order of dismissal from service dated 24.12.2012 imposed on account of unauthorized absence from duty. The appellant contended that the dismissal order was void as no regular departmental inquiry was held, no personal hearing was afforded, and the penalty was given retrospective effect. The core legal question was whether the major penalty of dismissal for unauthorized absence without holding a regular inquiry was sustainable under the circumstances where notices were sent via registered post and published in newspapers. The Federal Service Tribunal dismissed the appeal, holding that since the appellant failed to respond to notices and presumption of delivery applied under Section 114(f) of the Evidence Act, the dispensing with a regular inquiry was justified under Rule 5(iii) of the Government Servants (Efficiency and Discipline) Rules, 1973, and unauthorized absence was established. The Tribunal laid down that where an employee remains willfully absent and unresponsive to properly dispatched notices, a regular departmental inquiry can be dispensed with in accordance with applicable disciplinary rules.

  Questions settled

  • Can a regular departmental inquiry be dispensed with when an employee remains willfully absent and unresponsive to notices?
  • Whether unauthorized absence from duty warrants the major penalty of dismissal from service?
  • Does the presumption of delivery apply to letters sent by acknowledgment due under the Evidence Act?
  Read full judgment →
• Zahid Hafeez vs State and 2 others2017 PLJ Lahore 280 · Lahore High Court · 2015-04-06Read full judgment →
• Zahid Ashraf vs Azad Govt. of the ,State of Jammu & Kashmir through its2017 P.S.C. 1270 · Supreme Court of Azad Jammu and KashmirRead full judgment →
• Zahid Ashraf s/o Mohammad Ashraf, r/o Naluchi, Businessman at Bank2017 SC AJK 366 · Supreme Court of Azad Jammu and KashmirRead full judgment →
• Zahid alias Zahdi vs The State and another2017 YLR 1274 · Lahore High Court · 2017-01-16
  post-arrest bailattempted murderfurther inquirynon-vital injurycriminal intentdelayed FIR
  Summary & questions settled

  This is a post-arrest bail application filed by the petitioner, Zahid alias Zandi, who was charged under sections 324, 109, and 34 of the Pakistan Penal Code 1860 for allegedly firing at the victim and causing injury to his ankle. The core legal question was whether the petitioner was entitled to bail given the nature of the injury and the alleged lack of murderous intent. The Court observed that the FIR was lodged with a significant unexplained delay and that the medical evidence confirmed the injuries were sustained on a non-vital part of the body without any bone fracture. The Court held that the petitioner's actions, specifically targeting a non-vital body part despite being armed, indicated a lack of murderous intent. Consequently, the Court found the case fell within the scope of further inquiry under section 497(2) of the Code of Criminal Procedure 1898. The key principle laid down is that the intention to cause death or the knowledge that death is likely must be established, even at the bail stage, and cannot be presumed solely from the act of firing.

  Questions settled

  • Does the infliction of injuries on non-vital parts of the body negate the intent required for an offense under section 324 of the Pakistan Penal Code 1860?
  • Can the prosecution rely on presumptions to establish the intent to commit murder at the bail stage?
  • Does an unexplained delay in lodging an FIR constitute a ground for further inquiry under section 497(2) of the Code of Criminal Procedure 1898?
  Read full judgment →
• Zahid Ali Noor vs NAB and others2017 P Cr. L J 147 · Lahore High Court · 2016-11-22
  post-arrest bailNational Accountability Bureaujurisdictionpublic at largecriminal breach of trustaccountability referencepecuniary jurisdiction
  Summary & questions settled

  By way of this constitutional petition, the petitioner sought post-arrest bail in an Accountability Court reference relating to alleged misappropriation and embezzlement of funds while serving as General Manager of a private media company. The core legal questions revolved around whether NAB had jurisdiction to take cognizance of white-collar crimes not affecting the public at large, whether the amount involved met the pecuniary threshold, and whether the petitioner was entitled to bail. The Lahore High Court held that the offences of cheating and breach of trust under the National Accountability Ordinance, 1999 only fall within NAB's domain if they affect members of the public at large and involve substantial magnitude, rather than private disputes between individuals and a company. Finding that reasonable grounds existed for further inquiry and that the trial had not concluded expeditiously, the court granted post-arrest bail to the petitioner. The key principles laid down include that NAO, 1999 provisions must be strictly construed, NAB cannot take cognizance of matters failing to affect the public at large, and delay in the conclusion of trial entitles an accused to bail.

  Questions settled

  • Can the National Accountability Bureau take cognizance of offenses like cheating and breach of trust if they do not affect the public at large?
  • Whether an accused is entitled to post-arrest bail when the trial is not concluded expeditiously?
  • Does a dispute involving the misappropriation of funds of a private limited company fall within the domain of the National Accountability Ordinance, 1999?
  • What is the effect of NAB taking cognizance of a matter without invoking Section 16-A(a) of the NAO, 1999 when a case is already pending before a competent court?
  Read full judgment →
• Zahid Ali and others vs Fazil Hussain and others2017 P Cr. L J 806 · Gilgit Baltistan Chief Court · 2016-08-31
  acquittal appealburden of proofcriminal negligencecorpus delictireasonable doubtmissing personappreciation of evidence
  Summary & questions settled

  This matter concerns criminal appeals filed by the State and the complainant against a judgment of acquittal passed by the Sessions Judge. The core legal question was whether the prosecution successfully established the guilt of the respondents for the alleged death of a missing person under Section 322 of the Pakistan Penal Code 1860. The Court dismissed the appeals, upholding the acquittal, holding that the prosecution failed to prove the death of the missing person, which is a fundamental prerequisite for a conviction under the charged section. The Court observed that the prosecution's evidence was riddled with material improvements and lacked cogent proof, while the defense's theory that the missing person had fled to Afghanistan remained a plausible alternative. The Court laid down the principle that in criminal jurisprudence, the burden of proof rests entirely on the prosecution and never shifts; guilt must be proven through convincing evidence beyond reasonable doubt, and where two probabilities exist, the one favoring the accused must be accepted. Furthermore, a conviction cannot be sustained on mere presumption or suspicion.

  Questions settled

  • Can a conviction under Section 322 of the Pakistan Penal Code 1860 be sustained without proof of the death of the victim?
  • Does the burden of proof in a criminal trial ever shift from the prosecution to the accused?
  • How should a court resolve a case where two reasonable probabilities exist regarding the fate of a missing person?
  • Is an acquittal judgment liable to be set aside if the prosecution fails to examine material witnesses?
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• Zaheer Sadiq vs Muhammad Ijaz and others2017 SCMR 2007 · Supreme Court of Pakistan · 2017-05-11
  Appeal by leaveAcquittalMurderHostile witnessOcular accountChance witnessPresumption of innocenceCriminal appealContradictory evidence
  Summary & questions settled

  This matter involved an appeal by leave against a High Court judgment that acquitted respondent No. 1 of double murder charges, setting aside his conviction and death sentence by the trial court. The core legal question was whether the High Court's decision to acquit was justified based on the prosecution evidence. The Supreme Court dismissed the complainant's appeal, affirming the High Court's judgment. The Court found that the High Court had rightly acquitted the respondent, noting that the ocular account witnesses were chance witnesses whose presence was not believed, and one key prosecution witness was declared hostile. Furthermore, material contradictions existed in the statements of prosecution witnesses. The Court reiterated the principle that every accused is innocent until proven guilty, and this presumption doubles upon acquittal by a competent court, requiring very strong and cogent reasons to dislodge it. The High Court's reasons were not found to be arbitrary, fanciful, or capricious, thus warranting no interference.

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• Zaheer Ahmed Chaudhary, Chairman AJK Intermediate & Secondary2017 PLJ AJ&K 171 · High Court of Azad Jammu and Kashmir
  writ petitiondeputationistcivil servantservice tribunaljurisdiction barterms and conditions of servicerepatriation
  Summary & questions settled

  This writ petition was filed under Section 44 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, challenging a notification whereby the petitioner, serving as Chairman of the Azad Jammu and Kashmir Intermediate and Secondary Education Board on deputation, was repatriated to his parent department. The core legal questions involved whether a local civil servant serving on deputation within the region falls outside the definition of a civil servant, and whether the High Court has jurisdiction to entertain service matters in light of the constitutional bar. The High Court dismissed the petition in limine, holding that a permanent employee of the State serving on deputation locally remains a civil servant and cannot invoke the writ jurisdiction of the High Court regarding terms and conditions of service. The court laid down the principle that disputes concerning terms and conditions of civil servants, including repatriation and departmental orders, fall exclusively within the domain of the Service Tribunal under Section 47 of the Azad Jammu and Kashmir Interim Constitution Act, 1974.

  Questions settled

  • Whether a local employee of the State serving on deputation falls within the definition of a civil servant under the Service Tribunals Act?
  • Does the High Court have jurisdiction under Section 44 of the Azad Jammu and Kashmir Interim Constitution Act, 1974 to adjudicate matters relating to the terms and conditions of a civil servant?
  • Whether an aggrieved civil servant must approach the Service Tribunal instead of the High Court to challenge a final departmental order?
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• Zaheer Ahmed Chaudhary vs Azad Govt. of the State of Jammu & Kashmir2017 [M] C.L.R. 1328 · High Court of Azad Jammu and Kashmir
  civil servantdeputationwrit jurisdictionservice tribunalterms and conditions of servicemaintainabilityouster of jurisdiction
  Summary & questions settled

  This writ petition challenged a notification repatriating the petitioner from his position as Chairman, BISE Mirpur, to his parent department. The core legal question was whether the petitioner, a permanent employee of the Azad Jammu and Kashmir Education Department serving on deputation, qualified as a "civil servant," thereby ousting the High Court's jurisdiction in favor of the Service Tribunal. The Court held that the petitioner, being a permanent employee of the state, remained a civil servant despite his deputation, as the exclusion from the definition of civil servant applies only to those borrowed from outside the state's jurisdiction. Consequently, the matter pertained to the terms and conditions of service, and the High Court’s jurisdiction was barred under Section 47(2) of the Azad Jammu and Kashmir Interim Constitution Act, 1974. The Court affirmed that disputes regarding the terms and conditions of civil servants must be adjudicated by the Service Tribunal, rendering the writ petition non-maintainable due to the availability of an efficacious alternate remedy.

  Questions settled

  • Does a permanent employee of the Azad Jammu and Kashmir government serving on deputation within the state retain their status as a civil servant?
  • Is the jurisdiction of the High Court barred in matters pertaining to the terms and conditions of service of a civil servant under the Azad Jammu and Kashmir Interim Constitution Act, 1974?
  • Does the exclusion from the definition of a civil servant for deputationists apply to employees borrowed from within the jurisdiction of Azad Jammu and Kashmir?
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• Zaheer Abbas vs Ghulam Nawaz alias Ranjhoo and 3 othersPLJ 2017 Cr.C. (Lahore) 819 · Lahore High Court · 2016-06-23Read full judgment →
• (1) Zaheer Abbas (2) Qalab-i-Abbas (3) The State vs (1) The State (2)2017 LHC 3948 · Lahore High Court · 2017-10-04
  murderappellate jurisdictionappreciation of evidencebenefit of doubtcriminal appealocular accountsubstitution of accused
  Summary & questions settled

  This criminal appeal challenges the judgment of the trial court convicting the appellants for multiple murders and attempted murder arising out of a deadly nighttime attack at a village home. The core legal questions involve the credibility of the ocular testimony given the timing of the occurrence, scanty lighting, delayed post-mortem examinations, over-implication of family members, and the safety of relying on such evidence where the primary target escaped unhurt. The Lahore High Court held that the prosecution case was fraught with serious doubts, improbabilities, and unexplained delays, rendering the ocular account unsafe for sustaining capital convictions. The key principles laid down include that injuries of an eyewitness do not automatically guarantee the truth of the narrative, that nocturnal occurrences with feeble light sources require reliable corroboration, and that wholesale roping in of an entire family based on suspicion and guesswork warrants acquittal.

  Questions settled

  • Whether injuries sustained by an eyewitness automatically guarantee the truthfulness of the entire prosecution narrative?
  • Can capital convictions be sustained on the basis of moral certainty or suspicion when the prosecution case suffers from significant doubts and unexplained delays?
  • Does the over-implication of an entire family and the acquittal of co-accused undermine the credibility of the remaining prosecution case?
  • Whether a nighttime occurrence relying on a solitary feeble source of light and lacking forensic support is sufficient to prove guilt beyond reasonable doubt?
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• Zaffar Iqbal and another vs Khawar Abbas and another2017 P Cr. L J 1310 · Supreme Court of Azad Jammu and Kashmir · 2017-03-30
  bail cancellationmere presenceprohibitory clausedelay in trialcriminal revision
  Summary & questions settled

  This criminal revision petition was filed before the Supreme Court of Azad Jammu and Kashmir against the Shariat Court's order dated 11.12.2015, which had dismissed the petitioners' application for cancellation of bail granted to the accused-respondent. The respondent was charged under Sections 302, 324, 337-F, 337-D, and 34 of the Azad Penal Code. The petitioners argued that the trial court erred by granting bail on the same material after previously rejecting it, and that the Shariat Court failed to appreciate this legal error. The Supreme Court observed that while the trial court's bail order was poorly drafted and lacked proper judicial reasoning, the concession of bail was factually justified as no specific overt act was attributed to the respondent except mere presence. The Court held that once bail is granted by a competent court, it cannot be recalled without extraordinary grounds such as arbitrariness or violation of statutory provisions. Consequently, the Court declined to cancel the bail after a lapse of three years and directed the trial court to conclude the trial within four months.

  Questions settled

  • Can a concession of bail already granted by a competent court be recalled solely on the ground of poor drafting or lack of detailed reasoning in the bail order?
  • What extraordinary grounds must be established to justify the cancellation of bail once it has been granted by a competent court?
  • Does the mere presence of an accused at the crime scene, without any specific overt act attributed to them, justify the exercise of discretion in granting bail?
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• Zafeer Ahmed vs The State2017 P Cr. L J 662 · Gilgit Baltistan Chief Court · 2016-10-25
  murder trialidentification paradebenefit of the doubtweapon recoverycriminal appealdiyatocular evidence
  Summary & questions settled

  This criminal appeal challenges the judgment of the trial court convicting the appellant, Zafeer Ahmed, under section 302 of the Pakistan Penal Code 1860 for murder, resulting in a sentence of imprisonment for the period already undergone and the imposition of diyat. The core legal questions involve the legality and evidentiary value of an inordinately delayed identification parade conducted by an incompetent Magistrate 2nd Class with procedural flaws, and the evidentiary worth of weapon recoveries not supported by forensic reports or independent witnesses. The Gilgit Baltistan Chief Court held that the identification parade was fatally flawed due to unexcused delay, improper supervision by a Magistrate 2nd Class instead of a Magistrate 1st Class, non-compliance with statutory rules regarding dummies, and bizarre execution, while the recovery evidence suffered from lack of forensic analysis and concealed witness identities. The court established that corroboratory evidence like recoveries cannot sustain a conviction when primary ocular and identification evidence collapses, and granted the appellant the benefit of the doubt, setting aside the conviction and ordering his acquittal.

  Questions settled

  • Does an inordinate delay in conducting an identification parade without plausible explanation render it fatal to the prosecution's case?
  • Is a Magistrate 2nd Class competent under the law to supervise an identification parade in a murder case?
  • Can corroboratory evidence such as weapon recoveries sustain a conviction when the primary identification and ocular evidence has failed?
  • Does the failure to send recovered crime weapons to a forensic expert vitiate the evidentiary value of the recovery?
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• Zafar Mahmood Khan vs Muhammad Ali Khan and another2017 MLD 1727 · Sindh High Court · 2015-05-13Read full judgment →
• Zafar Iqbal, Chairman Silk Route Dry Port Trust Sust vs Pak China2017 CLD 1039 · Gilgit Baltistan Chief Court · 2016-10-25Read full judgment →