| Case ID |
0fc1bf14-0eac-4bc5-9c21-59adcc276605 |
| Body |
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| Case Number |
Writ Petition No. 15618 of 2011 |
| Decision Date |
Sep 07, 2011 |
| Hearing Date |
Sep 07, 2011 |
| Decision |
The Lahore High Court dismissed the writ petition filed by Nadeem alias Deema, which challenged the directions issued by the District Public Prosecutor, Sialkot, regarding the addition of certain penal sections in the final investigation report. The court held that the prosecutor has the authority to scrutinize the investigation report and direct the police to amend it before submission to the trial court. The court emphasized the role of the District Public Prosecutor as a critical bridge between police and court to ensure justice and uphold the integrity of the prosecution process, thereby rejecting the petitioner's claim that the prosecutor overstepped his legal bounds. |
| Summary |
In the case of Writ Petition No. 15618 of 2011, heard on September 7, 2011, the Lahore High Court addressed significant issues concerning the powers of the District Public Prosecutor under the Punjab Criminal Prosecution Service Act. The petitioner, Nadeem alias Deema, contested the authority of the District Public Prosecutor to instruct the police to add certain offences in the final report submitted under the Criminal Procedure Code. The court clarified that the prosecutor is empowered to scrutinize reports and ensure that they are legally sound before they reach the trial court. This decision underscores the importance of prosecutorial independence and the need for thorough scrutiny in the criminal justice system, aiming to enhance the quality and effectiveness of criminal investigations. The ruling reinforces the prosecutor's role in bridging the gap between law enforcement and the judiciary, ultimately seeking to promote justice and accountability in the legal process. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
IJAZ AHMAD CHAUDHARY, C.J.
|
| Lawyers |
Mirza Shahid Baig for Petitioner,
Ch. Muhammad Hanif Khatana, Additional Advocate-General for Respondents Nos.1 to 5,
Abdul Samad, Additional Prosecutor-General for Respondents Nos.1 to 5,
Ch. Zameer Bilal for Respondent No. 6
|
| Petitioners |
NADEEM alias DEEMA
|
| Respondents |
7 others,
DISTRICT PUBLIC PROSECUTOR, SIALKOT
|
| Citations |
2012 SLD 2286,
2012 PCRLJ 1823
|
| Other Citations |
Tanveer Hussain Qureshi and 8 others v. District Public Prosecutor, Sialkot 2009 PCr.LJ 1043,
Fayyaz Ahmad and another v. The State and others 2008 PCr.LJ 805,
Mazhar Hussain v. Ishtiaq Hussain and another PLD 1990 Lah. 249,
Aziz Ullah Khan v. S.H.O. Police Station City, Mianwali and 2 others 2001 YLR 263,
Bahar Ali and 2 others v. State and another PLD 2008 Pesh. 28,
Rasoolan Bibi v. Additional Sessions Judge and others PLD 2009 Lah. 135,
PLD 2008 Lah. 470,
Lal Khan and another v. Station House Officer, Police Station Kotwali Jhang and 6 others 2010 PCr.LJ 182
|
| Laws Involved |
Criminal Procedure Code,
Punjab Criminal Prosecution Service (Constitution, Functions and Powers) Act
|
| Sections |
154,
173,
9(5),
9(7),
12(2)
|