Pakistan Supreme Court updates

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SC finds flaws in police investigation techniques​

Nasir Iqbal
April 27, 2024

ISLAMABAD: The Supreme Court on Friday emphasised the need for making concerted efforts on part of the police force to shift its investigation techniques by introducing and relying on forensic science and accordingly train specialised officers in this field.

“The cornerstone of criminal justice system is the effective functionality of the investigating agency and prosecution since a faulty investigative process will continuously dampen trust and confidence in the criminal justice system,” observed Justice Ayesha A. Malik in a judgement she wrote.

Justice Malik was a member of a three-judge SC bench, headed by Justice Mohammad Ali Mazhar, which had taken up an appeal by Mohammad Ramzan against the July 4, 2013 Lahore High Court order acquitting Khizar Hayat of murder charges by not confirming the death sentence awarded to the accused.

On April 28, 2009, then Khushab additional sessions judge had awarded death sentence to Khizar Hayat for murdering Mohammad Hayat. The accused challenged his conviction and got acquittal by the high court.

Suggests reliance on forensic science to improve prosecution; upholds LHC order acquitting murder accused

“Time has come for the investigation agency to recognise inherent flaws and concerns in its methodology and it needs to work towards specialising its investigative functions by separating the same from other police duties,” emphasised Justice Malik in her judgement.

She observed that the entire case of the prosecution relied on the ocular accounts which were fraught with material contradictions uncorroborated by available evidence. Moreover, she said, the presence of witnesses at the crime scene was highly doubtful and questionable.

The principle of fair trial and due process under Article 10A of the Constitution, Justice Malik emphasised, specifically mandated that the accused be equitably treated, investigated and prosecuted in accordance with the law.

“But in the case at hand, it was revealed that the entire prosecution evidence was marred by inherent improbabilities and material defects, aside from concerns about the credibility of the witnesses,” the judgement regretted.

“It is the duty of the prosecution to establish the guilt against the accused beyond a reasonable doubt,” it said, adding that the facts and circumstances of the present case clearly cast a shadow of doubt on the prosecution’s case, which had failed to prove the guilt of the accused beyond reasonable doubt, which entitled him to the presumption of innocence by law.

“It is essential to emphasise the importance of forensic science in the criminal justice system,” the judgement said, adding that forensic dealt with ‘the application of scientific techniques to provide objective, circumstantial evidence’.

“Forensic is a science ‘of interest to the legal system’ whose objective is to ascertain what happened in the recent past. Forensic science means nothing more than the science which is used in the courts of law for the purposes of detection and prosecution of crime,” the judgement recalled.

“This science plays a significant role in the criminal justice system by providing data that can be used to assess the degree of guilt of a suspect.”

In the present case, the judgement said, the prosecution had not established the motive, adding that the high court’s view was correct in which it stated that in the absence of any corroborating evidence, it did not appear to be a sound and reasonable motive as stated by the prosecution for the commission of the offence.

The apex court dismissed the present criminal petition with an observation that the findings rendered by the LHC did not suffer from any flaw or error.

Published in Dawn, April 27th, 2024

 

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SC issues contempt notice to Monal restaurant owner, seeks details on Margalla Hills development​

Apex court says Afzal's anti-SC campaign falsely claimed court's decision caused his employees' unemployment

APP
August 15, 2024

PHOTO: EXPRESS

ISLAMABAD: The Supreme Court (SC) of Pakistan on Thursday issued a contempt of court notice to Luqman Ali Afzal, the owner of Monal Restaurant, over a propaganda campaign against the court.

The court also requested details from the Khyber Pakhtunkhwa (K-P) province within two weeks regarding Dino Valley in the Margalla Hills National Park. The hearing focused on commercial activities and housing societies in Margalla Hills.

The SC's order noted that the government had withdrawn the notification transferring control of the Wildlife Management Board to the Ministry of Interior. The respondents had agreed in court that the restaurants would be relocated from the National Park area.

The court stated that Afzal had campaigned against the SC, falsely claiming that the court's decision had led to the unemployment of his employees.

The court also noted that the Prime Minister’s Office had withdrawn the notification regarding the Wildlife Management Board and emphasised that the PM Office should not be disrespected. The matter is left to the government to determine whether the advisory was in the public or personal interest.

The attorney general has been directed to submit a written reply on the issue. During the proceedings, the Chief Justice of Pakistan (CJP) Qazi Faez Isa inquired about Afzal’s whereabouts from his brother, Secretary Cabinet Kamran Ali Afzal, who was unaware of his location.

The court expressed concern over the absence of lawyers Makhdoom Ali Khan and Salman Akram Raja, remarking that senior lawyers often appear briefly to obtain stay orders but are seldom seen thereafter.

The CJP further questioned the chairman of the Capital Development Authority (CDA) about advertisements for a private housing society. The chairman responded that he had only seen these ads after the issue was raised.

The CJP asked if the CDA would act against the private housing society only after public exploitation or if a contempt of court case should be initiated against the CDA. The chairman stated that the housing society fell under the jurisdiction of K-P.

Advocate Shahkhawar, representing the housing society, claimed that the society was within K-P jurisdiction and that the advertisements displayed in Islamabad were a result of an officer’s approach to sponsorship. He also stated that the society was being established on his client's personal land.

The court questioned whether a contempt of court notice should be served to the society owner for possibly misleading the public by associating the society with the army without properly noting the owner’s retirement status.

DG Giliat and Pine City owner Captain (retd) Saddiq Anwar appeared before the court. The CJP reminded that the SC had ruled that no constructions should be permitted in Margalla Hills. The court then adjourned further hearings of the case.

 

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Every case shouldn't be sent to constitutional benches: Justice Mansoor​

'Leave some cases with us too', the senior most judge remarked while hearing case in Supreme Court

News Desk
November 04, 2024

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Supreme Court (SC) judge Justice Mansoor Ali Shah on Monday opposed transferring every case to constitutional benches, suggesting that more cases should remain with regular top court benches for efficiency.

Justice Mansoor made the remarks during a hearing on an overbilling case, where the SC judge, speaking to the petitioner’s counsel, advised against forwarding every case to a constitutional bench, noting, “Leave some cases with us too.”

During the proceedings, the petitioner’s counsel argued that the 26th Amendment had introduced new grounds, potentially justifying the case’s referral to a constitutional bench.

However, Justice Shah responded that this particular case did not involve significant constitutional or legal questions, making a constitutional bench unnecessary.

The court subsequently closed the case, noting that appeals regarding previous judgments on overbilling remained pending.

JCP restructured ahead of maiden session

Meanwhile, the Judicial Commission of Pakistan (JCP) is scheduled to convene its first meeting on Tuesday, November 5 to discuss constitutional benches to be formed within the Supreme Court in view of the newly passed 26th Constitutional Amendment and establishment of a JCP secretariat.

The JCP, a body whose one of key tasks is to nominate judges to superior courtshas also been reconstituted in the wake of last month's constitutional amendments.


According to the notification of the meeting issued by the JCP secretary on Saturday, the commission chaired by Chief Justice of Pakistan (CJ) Yahya Afridi now comprises 12 members including three senior SC judgesSyed Mansoor Ali Shah, Munib Akhtar and Aminuddin Khan.

Other members include Attorney-General for Pakistan Mansoor Awan, Minister for Law Azam Nazeer Tarar and a representative of the bar, Akhtar Hussain Advocate.
The commission now includes four MPsa senator and an MNA from the treasury benches, a senator and an MNA from the opposition benches. A member has also been nominated for the women's seat.


Prior to issuance of the notification, National Assembly Speaker Ayaz Sadiq nominated these members to the JCP and later intimated the commission about the decision through a letter.

The speaker nominated NA Leader of Opposition Omar Ayub of the PTI and MNA Sheikh Aftab Ahmed of the PML-N to the commission. He also nominated Senator Farooq Naek of the PPP and Senator Shibli Faraz of the PTI from the Senate as a member of the constitutional body.

Roshan Khursheed Bharucha was nominated as a woman member of the JCP. She hails from Balochistan and is a former senator. This nomination was made as per sub-paragraph (viii) of clause (2) of Article 175A of the Constitution, which permits the speaker to nominate a woman or a non-Muslim to the JCP.

The NA speaker forwarded these names to the commission after consulting with Senate Chairman Syed Yusuf Raza Gillani and all the parliamentary parties. The nomination of names from parliament is on the basis of equal representation from both the government and the opposition.


According to the JCP notification, the commission will convene at the Supreme Court building at 2pm on November 5 to discuss establishment of a secretariat for the commission and nomination of judges for constitutional benches of the Supreme Court.


Constitutional benches have been created at the Supreme Court through an amendment to Article 191-A. "There shall be a constitutional bench of the Supreme Court, which may comprise an equal number of judges from each province," the amended article states.

These benches will hear original, appellate and advisory jurisdiction of the top court.

On October 21, the controversial 26th Constitutional Amendment sailed through parliament after the ruling coalition succeeded in rallying two-thirds of lawmakers' support.

The amendments changed the procedure for the selection of the chief justice of Pakistan while also paving the way for formation of constitutional benches in the Supreme Court.