| Case ID |
0ff7924b-0c91-4ea4-a76e-ea4dc9dbcc80 |
| Body |
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| Case Number |
Ehtesab Criminal Appeal No. 9 of 2001 |
| Decision Date |
May 15, 2002 |
| Hearing Date |
Apr 18, 2002 |
| Decision |
The Peshawar High Court overturned the conviction of the appellants for corruption and corrupt practices, citing a lack of sufficient evidence to support the allegations made against them. The court determined that the prosecution failed to establish a reasonable case against the appellants, and thus, the burden of proof did not shift to the accused as required by law. The court emphasized that mere charges do not equate to a presumption of guilt and that the prosecution must provide credible evidence to substantiate claims of corruption. Consequently, the appeal was accepted, and the appellants were acquitted of all charges. |
| Summary |
In the case of Ehtesab Criminal Appeal No. 9 of 2001, the Peshawar High Court evaluated the allegations of corruption against Muhammad Hayat and his brothers, Gul Tayaz and Muhammad Iqbal, under the National Accountability Bureau Ordinance, 1999. The prosecution accused them of accumulating wealth through corrupt practices while serving in the Provincial Food Department. However, after reviewing the evidence presented, the court found that the prosecution failed to establish a prima facie case. The court highlighted the importance of the prosecution's duty to demonstrate a reasonable case to the satisfaction of the court before the burden shifts to the accused. The court noted that allegations alone do not imply guilt, and without substantial evidence, the conviction could not stand. As a result, the court acquitted the appellants, reinforcing principles of due process and the presumption of innocence in criminal proceedings. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
Talaat Qayyum Qureshi,
Muhammad Qaim Jan Khan,
Muhammad Hayat
|
| Lawyers |
Muhammad Sardar Khan,
Ziaur Rehman
|
| Petitioners |
Muhammad Iqbal,
Muhammad Hayat,
Gul Tayaz
|
| Respondents |
The State
|
| Citations |
2002 SLD 2416,
2002 PLD 118
|
| Other Citations |
Khan Asfandyar Wali and others v. Federation of Pakistan and others PLD 2001 SC 607,
Mir Abdul Baqi Baluch v. The Government of Pakistan and others PLD 1968 SC 313,
Syed Saeed Hassan v. Dayar Ali and others PLD 1976 SC 6,
PLD 1994 SC 679,
PLD 1991 SC 787
|
| Laws Involved |
National Accountability Bureau Ordinance, 1999,
Constitution of Pakistan, 1973,
Criminal Procedure Code, 1898
|
| Sections |
13(b),
340(2),
342,
10,
18(g),
9,
9(a)(vi),
14,
24(b),
14(d),
342(4),
343,
337,
338
|