| Case ID |
177194bc-8a10-4bd4-aaac-27e2650a66c7 |
| Body |
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| Case Number |
Criminal Petition No.206 of 2009 |
| Decision Date |
Jun 15, 2009 |
| Hearing Date |
|
| Decision |
This petition was filed against the judgment of the Peshawar High Court dated April 3, 2009, in Criminal Miscellaneous/Bail Application No.147 of 2009. The petitioner, Javidur-Rehman, alleged that the Anti Narcotics Force (ANF) fabricated a false case to deprive him and six other individuals of Rs.75,00,000, as detailed in their application submitted to various authorities, including the trial court. Despite multiple applications for conducting an investigation, no response was received, and even the Secretary of the Narcotics Division did not take any action regarding a re-investigation request.
The Supreme Court, presided over by Chief Justice Iftikhar Muhammad Chaudry and Justices Ch. Ijaz Ahmed and Mahmood Akhtar Shahid Siddiqui, examined the allegations presented by the petitioner’s counsel. The Special Prosecutor-General refuted these claims, stating that the petitioners raised the plea to evade severe accusations of possessing a substantial quantity of heroin. The court noted that the petitioner did not include such pleas in their applications before both the High Court and the trial court, as evidenced by the application contents.
Furthermore, the court pointed out that on June 1, 2009, the prosecution witnesses were present in court, but the defense counsel failed to appear for the recording of their evidence, as documented in the trial court’s order sheet. Given that the trial had already commenced and was making progress, the court decided to dismiss the petition without delving into the case's merits. However, it directed the trial court to expedite the proceedings and conclude the case within six weeks. Additionally, the defense counsel was instructed to cooperate with the court to ensure the swift disposal of the case.
In summary, the Supreme Court dismissed the petitioner’s appeal, emphasizing the need for timely and cooperative conduct by all parties involved to ensure the efficient administration of justice. The decision underscores the court’s commitment to expediting legal proceedings and reinforcing the importance of adherence to procedural obligations by legal representatives. |
| Summary |
In the case of JAVIDUR-REHMAN and anothers versus THE STATE, the Supreme Court of Pakistan delivered a significant decision on June 15, 2009, under Criminal Petition No.206 of 2009. The petitioners challenged the judgment passed by the Peshawar High Court on April 3, 2009, contending that they were falsely accused by the Anti Narcotics Force (ANF) in a bid to confiscate Rs.75,00,000 from them. They alleged that ANF concocted a fraudulent case, leading to their unlawful detention and the initiation of legal proceedings against them for possessing a large quantity of heroin. Despite multiple requests for a re-investigation submitted to various authorities, including the Secretary of the Narcotics Division, the petitioners received no substantive response, exacerbating their plight.
The defense, represented by Ghufran Khurshid Imtiaz, Advocate Supreme Court for the petitioners, argued that the allegations were baseless and aimed at unjust enrichment at the expense of the petitioners. They highlighted the lack of evidence and the poor conduct of the case by the prosecution, which failed to substantiate the claims against their clients adequately.
However, the Special Prosecutor-General, Niaz Ahmed Rathore, representing THE STATE, refuted these allegations, asserting that the petitioners were attempting to evade serious charges related to narcotics possession. The prosecution maintained that the evidence against the petitioners was compelling and that the legal proceedings were conducted with due diligence and integrity.
During the proceedings, the Supreme Court observed that on June 1, 2009, prosecution witnesses were present in court. However, the defense counsel failed to appear for the recording of their evidence, as noted in the trial court's order sheet. This absence hindered the defense's ability to present their case effectively, raising concerns about the petitioners' commitment to the legal process.
Chief Justice Iftikhar Muhammad Chaudry, along with Justices Ch. Ijaz Ahmed and Mahmood Akhtar Shahid Siddiqui, deliberated on the merits of the case. They concluded that since the trial had already commenced and was making progress, it would be impractical to revisit the case's fundamentals at this stage. The court emphasized the importance of swift justice and the need to avoid unnecessary delays in legal proceedings. As a result, the Supreme Court dismissed the petition without delving deeply into the substantive issues presented.
However, recognizing the procedural lapses, the court directed the trial court to expedite the proceedings and conclude the case within six weeks. Additionally, the defense counsel was instructed to cooperate fully with the court to ensure the expeditious disposal of the case. This directive aimed to uphold the principles of timely justice and maintain the integrity of the legal system by ensuring that cases are resolved efficiently and without undue delays.
The judgment underscores several critical aspects of the Pakistani legal system, including the balance between upholding the rule of law and ensuring that justice is administered promptly. It highlights the responsibilities of both the prosecution and the defense in maintaining procedural decorum and the significance of timely and cooperative engagement by legal representatives. Moreover, the decision reflects the court's commitment to preventing the misuse of legal proceedings for personal gains and ensuring that accusations are substantiated with credible evidence before proceeding to trial.
In conclusion, the Supreme Court's decision in this case reinforces the necessity for diligence, responsibility, and fairness in the legal process. By dismissing the petition and directing the trial court to expedite the proceedings, the court aimed to safeguard the rights of the accused while ensuring that justice is served efficiently. This case serves as a precedent for future litigations involving serious charges, emphasizing the need for thorough evidence presentation and proactive participation by all parties involved to facilitate the smooth functioning of the judiciary. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
ANF,
Secretary, Narcotics Division
|
| Judges |
IFTIKHAR MUHAMMAD CHAUDHRY, C.J.,
CH. IJAZ AHMED,
MAHMOOD AKHTAR SHAHID SIDDIQUI, JJ
|
| Lawyers |
Ghufran Khurshid Imtiaz, Advocate Supreme Court for Petitioners.,
Niaz Ahmed Rathore, Special Prosecutor ANG,
Mumtaz Hussain, Investigation Officer with record for the State
|
| Petitioners |
JAVIDUR-REHMAN and anothers
|
| Respondents |
THE STATE
|
| Citations |
2010 SLD 278,
2010 SCMR 1744
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Constitution of Pakistan, 1973,
Control of Narcotic Substances Act, 1997
|
| Sections |
497,
185(3),
9(c)
|