| Case ID |
231704f9-3c1b-48ff-b9ae-931cf3c8edc4 |
| Body |
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| Case Number |
Criminal Petition No. 105 of 2017 |
| Decision Date |
Mar 21, 2017 |
| Hearing Date |
Mar 21, 2017 |
| Decision |
The Supreme Court of Pakistan has converted the criminal petition of Imtiaz Ahmed into an appeal and permitted his bail. The petitioner is granted bail subject to furnishing solvent bail bonds amounting to Rs.500,000/- with two reliable sureties, ensuring satisfactory conditions to the trial court. Additionally, the petitioner is directed to deposit his passport with the trial court. This decision is based on the statutory delay in concluding the trial and the failure of prosecution witnesses to appear despite coercive measures. The court recognized the fundamental right to a speedy trial and acknowledged the negligence of the trial judge in ensuring the timely progress of the case, which ultimately led to the denial of justice to the petitioner. |
| Summary |
In the landmark case of Criminal Petition No. 105 of 2017, heard by the Supreme Court of Pakistan on March 21, 2017, Justice Mushir Alam and Justice Dost Muhammad Khan adjudicated a significant decision involving the Control of Narcotics Substances Act, 1997. The petitioner, Imtiaz Ahmed, sought bail on the grounds of statutory delay in his trial under C.N.S. Act, 1997 Section 46, alleging that unreasonable delays and the absence of prosecution witnesses had violated his fundamental right to a speedy trial. The petitioner was arrested in 2014 under allegations involving narcotics smuggling, with significant delays in trial progression due to non-cooperation from prosecution witnesses, including a key investigator who was a fugitive. The petitioner also faced severe health issues, including an eye surgery, compounded by the death of a co-accused, Irfan Ali, who died due to negligence in the treatment process. The petitioner’s legal representation argued effectively before the Supreme Court, emphasizing the violation of constitutional rights and the neglect of judicial duties by the trial court. The Supreme Court, adhering to principles established in prior cases such as Asif Ali Zardari v. The State and Khan Asfandyar Wali Khan v. The Federation of Pakistan, upheld the petitioner’s right to bail. The court meticulously analyzed the interplay between the Control of Narcotic Substances Act and the Criminal Procedure Code, reinforcing the precedence of fundamental rights over rigid legislative provisions. The judgment underscored the judiciary’s obligation to interpret statutes in a manner that preserves individual rights and ensures justice. By converting the petition into an appeal and granting bail under stringent conditions, the Supreme Court underscored the importance of timely legal proceedings and the protection of an accused's rights against prolonged detention without trial. This decision not only provided immediate relief to Imtiaz Ahmed but also set a precedent for future cases involving statutory delays and the fundamental right to a speedy trial within the Pakistan legal system. The case highlights the crucial role of the judiciary in balancing legislative provisions with constitutional guarantees, ensuring that legal processes are not only followed but also serve the purpose of justice efficiently and humanely. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
ANF
|
| Judges |
MUSHIR ALAM, JUSTICE,
DOST MUHAMMAD KHAN, JUSTICE
|
| Lawyers |
Ms. Aisha Tasneem, Advocate Supreme Court,
Mehmood A. Sheikh, Advocate-on-Record for Petitioner,
Raja Inam Amin Minhas, Spl. Prosecutor, ANF,
Zubair, I.O.,
Ch. Ehtesham-ul-Haq, Advocate Supreme Court for the State/ANF
|
| Petitioners |
IMTIAZ AHMED
|
| Respondents |
THE STATE THROUGH SPECIAL PROSECUTOR, ANF
|
| Citations |
2017 SLD 1654,
2017 SCMR 1194
|
| Other Citations |
The State v. Syed Qaim Ali Shah 1992 SCMR 2192,
Khan Asfandyar Wali Khan v. The Federation of Pakistan and others PLD 2001 SC 607,
Asif Ali Zardari v. The State 1993 PCr.LJ 781,
Allied Bank v. Khalid Farooq,
Muhammad Aslam v. The State (1991 SCMR 599),
Zafar Ali Shah (PLD 2000 SC 869)
|
| Laws Involved |
Control of Narcotics Substances Act, 1997,
Criminal Procedure Code, 1898
|
| Sections |
46,
9(c),
14,
15,
5-A(8),
51(1),
497(1), proviso,
498,
561A,
S. 46,
S. 497(1), proviso
|