Legal Case Summary

Case Details
Case ID 1aa80b51-f630-42cd-bac2-49c22eca39e6
Body View case body.
Case Number Crl. P. No. 407 of 2022
Decision Date May 12, 2022
Hearing Date
Decision The Supreme Court of Pakistan granted bail to the petitioner, Janab Ali, based on the grounds that the prosecution's case lacked sufficient evidence. The court noted that the investigation conducted by the police was inadequate and emphasized the need for further inquiry. The decision highlighted the importance of proper investigation procedures, especially in cases involving crimes against women, and called for the involvement of female officers in such investigations to ensure that the truth is revealed. The court also mentioned that the petitioner, being an elderly man, should not be kept incarcerated while the trial continues, as this could deprive him of the remaining years of his life.
Summary The case revolves around the alleged murder of a 37-year-old woman, where familial ties complicate the investigation. The Supreme Court of Pakistan addressed the issue of inadequate police investigations, particularly in sensitive cases involving women. The ruling emphasized the necessity for female police officers to be part of investigations when female complainants or witnesses are involved, to ensure that the truth is not concealed due to intimidation. The court expressed concern over the misuse of laws regarding honor-related crimes and the need for better guidelines in handling such cases. The decision to grant bail to Janab Ali reinforces the principle of further inquiry in criminal cases, ensuring that individuals are not unjustly incarcerated without substantial evidence. The ruling also references the 'Standard Operating Procedure for Investigation of Rape Cases' and calls for similar protocols to be established in Khyber Pakhtunkhwa to protect women's rights and ensure justice. This case underscores the critical need for reform in the investigation processes for crimes against women, aiming to prevent slander and protect the dignity of victims.
Court Supreme Court of Pakistan
Entities Involved Not available
Judges QAZI FAEZ ISA, YAHYA AFRIDI
Lawyers Mr. Astaghfirullah, ASC, Mr. Anis Muhammad Shahzad, AOR, Mian Shafaqat Jan, Addl. A.G., Mr. Yaseen Farooq, R.P.O., Mr. Muhammad Fayyaz, S.P., Syed Jameel, D.S.P., Numair Khan, Inspector, Mr. Muhammad Usman Turlandi, ASC, Syed Rifaqat Hussain Shah, AOR
Petitioners JANAB ALI
Respondents STATE
Citations 2022 SLD 1819, 2022 PLJ 205
Other Citations 2020 SCMR 761
Laws Involved Criminal Procedure Code, 1898, The Offence of Qazi (Enforcement of Hudood) Ordinance, 1979
Sections 497