| Case ID |
0a3b38c0-6711-4b9f-80e7-a7becb467de3 |
| Body |
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| Case Number |
Criminal Appeals Nos. 109 and 111 of 1997 |
| Decision Date |
Apr 20, 2004 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan allowed the appeals filed by the appellants, Shafi Muhammad Sehwani and Abdul Qadir Shaukat, thereby setting aside their conviction and sentence under the Ehtesab Ordinance. The Court found that the prosecution had failed to prove the charges against both appellants beyond a reasonable doubt. It noted the absence of mens rea and stated that mere irregularities in the regularization of the plot in question did not constitute an offense under the Ehtesab Ordinance. The Court emphasized that the matter had been closed in 1993, and there was no justification for initiating criminal proceedings in 1996. The judgment also highlighted that the original allotment had undergone multiple cancellations and restorations, which indicated that the case related more to regularization than criminal misconduct. Consequently, the Court concluded that the convictions were not warranted. |
| Summary |
This case revolves around the appeals of Shafi Muhammad Sehwani and Abdul Qadir Shaukat against their convictions under the Ehtesab Ordinance, which was aimed at combating corruption in public offices. The Supreme Court scrutinized the evidence presented and determined that the prosecution had not established a solid basis for the charges of corruption. The Court pointed out that the necessary element of mens rea was lacking, and the irregularities alleged were related to the administrative and regulatory processes concerning the allotment and usage of a plot of land intended for a swimming pool. The appellants were accused of misleading the Chairman of the CDA regarding the restoration charges of the plot, but the Court found that the actions taken were within the framework of regularization procedures that had been repeatedly addressed by the CDA over the years. The decision underscores the importance of robust evidence in corruption cases and the legal protections afforded to individuals in the face of such allegations. Keywords: Ehtesab Ordinance, corruption, Supreme Court, legal proceedings, mens rea, regularization, CDA. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Capital Development Authority (CDA),
Federal Investigation Agency (FIA)
|
| Judges |
Nazim Hussain Siddiqui, C.J.,
Javed Iqbal,
Abdul Hameed Dogar
|
| Lawyers |
Aitzad Ahsan, Senior Advocate Supreme Court,
Mehr Khan Malik, Advocate on-Record for Appellants (Criminal Appeal No. 109 of 1997),
Raja Muhammad Anwar, Senior Advocate Supreme Court,
Raja Muhammad Shafqat Abbasi, Advocate Supreme Court,
Raja Abdul Ghafoor, Advocate on-Record for Appellants (Criminal Appeal No. 111 of 1997),
Ms. Nahida Mehboob Elahi, Advocate Supreme Court Standing Counsel,
Ch. Akhtar Ali, Advocate on-Record for the State
|
| Petitioners |
Shafi Muhammad Sehwani,
Abdul Qadir Shaukat
|
| Respondents |
The State
|
| Citations |
2004 SLD 1124,
2004 SCMR 1178
|
| Other Citations |
Federation of Pakistan and others v. M. Nawaz Khokhar and others PLD 2000 SC 26
|
| Laws Involved |
Ehtesab Ordinance (XX of 1997),
Prevention of Corruption Act, 1947,
Criminal Procedure Code (Cr.P.C.)
|
| Sections |
3,
4,
5(2),
382 B
|