| Case ID |
1779f8f5-78f5-47e6-9ac4-e78857c68f81 |
| Body |
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| Case Number |
Cr. Petitions Nos.21 and 22/K of 2003 |
| Decision Date |
Apr 13, 2004 |
| Hearing Date |
Apr 13, 2004 |
| Decision |
The Supreme Court of Pakistan allowed the appeals filed by the National Accountability Bureau against the acquittal of Agha Wazir Abbas and Abdul Hameed by the High Court. The Court found that the High Court had not adequately examined the evidence of a Handwriting Expert, which was crucial to the case. The decision of the High Court, which had acquitted the respondents on the grounds of insufficient evidence, was set aside. The case was remanded to the Trial Court to record the evidence of the Handwriting Expert regarding the disputed signatures of the accused. The Trial Court was directed to conclude the trial within four months and report compliance to the Registrar of the Supreme Court. |
| Summary |
This case involves the Supreme Court of Pakistan's review of the acquittal of Agha Wazir Abbas and Abdul Hameed in a corruption case under the National Accountability Ordinance, 1999. The prosecution alleged that the respondents, along with absconding co-accused, forged import and transport permits causing a significant financial loss to the government. The High Court had acquitted the respondents on the grounds that the prosecution failed to prove its case beyond a reasonable doubt. However, the Supreme Court found that the High Court did not consider important expert testimony regarding the authenticity of signatures, which could have influenced the outcome. The Court emphasized the importance of concrete evidence over presumptions in legal proceedings. The decision underscores the necessity of thorough examination of expert evidence in corruption cases and the obligation of the Trial Court to ensure justice is served expeditiously. Keywords include corruption, acquittal, Supreme Court, handwriting expert, and National Accountability Bureau. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
National Accountability Bureau,
Government of Sindh,
Messrs Standard Wine Company (Pvt.) Ltd.,
Messrs Murree Brewery Company
|
| Judges |
Nazim Hussain Siddiqui, C.J.,
Javed Iqbal,
Abdul Hameed Dogar
|
| Lawyers |
Akhlaq Ahmed Siddiqui, Advocate-on-Record for the Petitioner,
M. Ilyas Khan, Advocate Supreme Court for Respondents,
Ms. Wajahat Niaz, Advocate-on-Record for Respondents
|
| Petitioners |
The State through Prosecutor-General, National Accountability Bureau
|
| Respondents |
Abdul Hameed,
Agha Wazir Abbas
|
| Citations |
2004 SLD 1291,
2004 SCMR 1824
|
| Other Citations |
Not available
|
| Laws Involved |
National Accountability Ordinance, 1999,
Constitution of Pakistan, 1973
|
| Sections |
10,
185(3)
|