| Case ID |
1774c49c-35a1-4a16-aba1-d14c390bed07 |
| Body |
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| Case Number |
Criminal Appeal No. 8 of 2011 |
| Decision Date |
Jul 07, 2020 |
| Hearing Date |
May 05, 2020 |
| Decision |
In this criminal appeal, the Islamabad High Court upheld the conviction of the respondent Muhammad Makki and others for the kidnapping and extortion of Ch. Amir Shahzad. The Court found that sufficient evidence was presented to establish the respondents' involvement in the abduction and ransom demand, even though the trial court had initially acquitted them. The High Court considered the testimonies of key witnesses and the consistency of the abductee's account, rejecting the defense's attempts to discredit the evidence. Furthermore, the invocation of inherent powers of the High Court to ensure justice being done played a crucial role in reversing the acquittal. The Court emphasized that no one should be prejudiced by the act of the court and that procedural mistakes by lower courts should not hinder the pursuit of justice. Consequently, the appellate Court allowed the appeal, converted it into a special leave to appeal under the Criminal Procedure Code, and sentenced the respondents to imprisonment, thereby affirming the principles of justice and accountability in criminal proceedings. |
| Summary |
In the notable Criminal Appeal No. 8 of 2011, adjudicated by the Islamabad High Court and decided on July 7, 2020, the court addressed a critical case involving the kidnapping and extortion of Ch. Amir Shahzad by Muhammad Makki and five others. The hearing took place on May 5, 2020, before Justices Mohsin Akhtar Kayani and Lubna Saleem Pervez. The petitioners, represented by Mudassar Hussain Malik, accused the respondents, with legal representation by Ch. Gulfam Ashraf Goraya, of abducting Amir Shahzad for a substantial ransom amount under multiple legal statutes including the Criminal Procedure Code (Sections 417(2) and 561-A), Anti-Terrorism Act of 1997 (Sections 25(4-B) and 25), Penal Code (Section 365-A), and Qanun-e-Shahadat (Sections 40, 122, and 117).
The case began with the abduction of Ch. Amir Shahzad on September 15, 2009, from F-11 Markaz, Islamabad, leading to a series of legal battles against the accused. Initially acquitted by the Special Anti-Terrorism Court, the respondents sought relief through an appeal, asserting procedural errors and the alleged non-maintainability of the appeal due to events in an unrelated FIR that declared the appellant as an absconder years after the filing. However, the High Court meticulously reviewed the arguments, emphasizing adherence to the principles of justice and the High Court's inherent powers to rectify lower court oversights.
Key evidence included the testimony of the primary witness, the abductee himself, alongside corroborative statements from related parties and the interpretation of the exclusive knowledge of the respondent Muhammad Makki regarding the abduction's specifics. The court dismissed the defense's claims of fabricated evidence and procedural mishandling, highlighting the consistency and reliability of the testimonies presented.
In its decision, the Islamabad High Court overturned the initial acquittal, citing insufficient defense evidence and the robust prosecution case that fulfilled the legal requirements of the involved statutes. The respondents were found guilty of serious offenses, securing a verdict that reinforced legal precedents against kidnapping and extortion. The judgment underscored the judiciary's role in upholding justice, deterring criminal activities, and ensuring that procedural lapses do not impede the pursuit of truth and accountability.
This landmark decision not only reinforced the legal framework surrounding anti-terrorism and criminal procedure but also served as a deterrent for similar criminal endeavors. By meticulously parsing through the evidence, testimonies, and legal provisions, the Islamabad High Court delivered a verdict that aligns with contemporary legal standards and societal expectations for security and justice. |
| Court |
Islamabad High Court
|
| Entities Involved |
Islamabad High Court,
Mohsin Akhtar Kayani,
Lubna Saleem Pervez,
Ch. Amir Shahzad,
Muhammad Makki,
Mudassar Hussain Malik,
Ch. Gulfam Ashraf Goraya
|
| Judges |
Mohsin Akhtar Kayani,
Lubna Saleem Pervez
|
| Lawyers |
Mudassar Hussain Malik,
Ch. Gulfam Ashraf Goraya
|
| Petitioners |
Ch. Amir Shahzad
|
| Respondents |
Muhammad Makki
|
| Citations |
2021 SLD 1598,
2021 YLR 1641
|
| Other Citations |
Muhammad Akram v. DCO Rahim Yar Khan 2017 SCMR 56,
Mian Asghar Ali v. Government of Punjab through Secretary 2017 SCMR 118,
Sher Alam Khan v. Abdul Munim PLD 2018 SC 449,
Mst. Gul Jan v. Naik Muhammad PLD 2012 SC 421,
Commissioner of Income Tax (Legal) RTO v. ED-Zublin AG Germany 2020 SCMR 500,
Abdur Rahim v. The State 1981 SCMR 294,
Muhammad Ijaz v. Muhammad Shafi 2016 SCMR 834,
Lanvin Traders, Karachi v. Presiding Officer 2013 SCMR 1419,
Khushi Muhammad v. Mst. Fazal Bibi PLD 2016 SC 872,
Waqar A. Shamsi v. The State 2019 SCMR 2039,
Sher Dil v. The State 2003 YLR 110,
Muhammad Azad v. The State 2019 SCMR 1330,
Muhammad Ashraf Tareen v. The State and others 1996 SCMR 1747,
Shah Sim Khan v. The State 2017 PCr.LJ 505,
Shahbaz Khan alias Tippu v. Special Judge Anti Terrorism Court 3 Lahore PLD 2016 SC 1,
Ghulam Hussain v. The State PLD 2020 SC 61,
Shahid alias Kaloo v. The State 2009 SCMR 558,
Ansar Ali v. State 2017 MLD 1981,
Khadija Siddiqui v. Shah Hussain PLD 2019 SC 261,
Muhtarma Benazir Bhutto v. Farooq Ahmad Khan Leghari and others PLD 1998 SC 388,
Islamic Republic of Pakistan v. Abdul Wali Khan PLD 1976 SC 57,
Mian Muhammad Nawaz Sharif v. President of Pakistan PLD 1993 SC 473,
Umair Ashraf v. The State 2008 MLD 1442
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Anti Terrorism Act, 1997,
Penal Code (XLV of 1860),
Qanun-e-Shahadat (10 of 1984)
|
| Sections |
417(2),
561-A,
25(4-B),
25,
365-A,
40,
122,
117
|