| Case ID |
26a4a061-4347-4145-a00f-853dad00b925 |
| Body |
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| Case Number |
Criminal Appeals Nos. 70 and 71 of 1987 |
| Decision Date |
Jun 24, 1987 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the appeal filed by Sultan Khan and co-accused against The State in Criminal Appeals Nos. 70 and 71 of 1987, dated June 24, 1987. The Court upheld the conviction of the accused under Section 409 of the Penal Code and Section 5(2) of the Prevention of Corruption Act, 1947, for the criminal breach of trust as public servants. The judgment affirmed that the prosecution had successfully demonstrated the accused's misappropriation of food grains from the Government Godown, substantiated by the repayment of Rs.11,000 by the accused's relatives, leaving no reasonable doubt regarding their guilt. The Supreme Court found that there was no misreading or non-reading of the record and that the conviction was based on a correct appraisal of the evidence presented. Furthermore, the Court emphasized the necessity of imposing stringent punishments on public servants involved in corruption to serve as a deterrent, referencing pertinent case law such as Muhammad Amin v. The State and Qazi Salahuddin v. The State. Consequently, the High Court's decision to reduce the sentences imposed by the trial court was overturned, and the original sentencing was reinstated. The respondent, Sultan Khan, was ordered to undergo rigorous imprisonment for four years, along with a fine of Rs.4,500, ensuring that the punishment commensurates with the gravity of the offense committed. |
| Summary |
In the significant legal case of Criminal Appeals Nos. 70 and 71 of 1987, the Supreme Court of Pakistan delivered a pivotal decision on June 24, 1987, addressing critical issues of public trust and corruption within government institutions. The appellants, including Sultan Khan, faced severe allegations under Section 409 of the Penal Code (XLV of 1860) and Section 5(2) of the Prevention of Corruption Act (II of 1947), accusing them of criminal breach of trust as public servants. The core of the case revolved around the misappropriation of substantial quantities of food grains from the Government Godown, a matter that not only implicated the defendants but also raised concerns about the integrity of public officials managing government properties.
The prosecution presented a robust case, demonstrating beyond a reasonable doubt that the accused, including Sultan Khan and Abdul Naeem, had misused their positions within the Food Department to illicitly divert food grains. The evidence was further strengthened by the repayment of Rs.11,000 by the accused's relatives to the Government Treasury, which served as a compelling indicator of their culpability and intent to rectify the misappropriated funds, albeit belatedly. This financial restitution was pivotal in establishing the defendants' guilt, as it underscored the acknowledgment of wrongdoing and the attempt to mitigate the losses incurred by the government.
During the trial, the Lahore High Court, Multan Bench, had initially convicted the accused and imposed stringent sentences, including rigorous imprisonment and substantial fines. However, upon appeal, the High Court had reduced these sentences, which the prosecution contested as inadequate in deterring future corruption among public servants. The appellants argued that the evidence did not conclusively prove their sole responsibility for the misappropriation and highlighted inconsistencies in witness testimonies, particularly questioning the reliability of Malik Haq Nawaz's deposition regarding the exact quantities of wheat and the basis for estimating shortages.
In its comprehensive judgment, the Supreme Court meticulously reviewed the evidence and the arguments presented by both the prosecution and the defense. The Court determined that the prosecution had indeed met the burden of proof required to establish the appellants' guilt beyond any reasonable doubt. The repayment of funds by the accused's relatives was deemed a significant factor that eliminated any remaining doubt about their involvement in the illicit activities. Furthermore, the Court upheld the principles articulated in previous landmark cases, such as Muhammad Amin v. The State and Qazi Salahuddin v. The State, emphasizing the necessity for severe penalties to serve as a deterrent against corruption, especially among individuals entrusted with public resources and responsibilities.
The Supreme Court also addressed the broader implications of the case, highlighting the importance of maintaining integrity within governmental agencies and the detrimental impact of corruption on public trust and efficient governance. By reversing the High Court's reduction of the sentences, the Supreme Court reinforced the message that corruption, particularly by public servants, would be met with uncompromising legal consequences to uphold the rule of law and protect public interests.
This case stands as a landmark decision in Pakistani jurisprudence, setting a precedent for how corruption cases, especially those involving public officials, are to be adjudicated with utmost seriousness and rigor. It underscores the judiciary's role in combating corruption and ensuring that those in positions of power are held accountable for their actions, thereby fostering a culture of transparency and accountability in public administration. The Supreme Court's unwavering stance in this case serves as a critical reference point for future legal battles against corruption, ensuring that justice is both served and perceived to be served, thereby strengthening the public's faith in the legal and governmental institutions of Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Food Department,
Multan,
Lahore High Court, Multan Bench,
Government Godown,
Shuja Abad Police Station
|
| Judges |
Aslam Riaz Hussain,
Saad Saood Jan,
Mian Burhanuddin Khan
|
| Lawyers |
Ejaz A. Shaikh,
M. Nawaz Abbasi,
|
| Petitioners |
Sultan Khan
|
| Respondents |
The State
|
| Citations |
1987 SLD 780,
1987 SCMR 1943
|
| Other Citations |
Muhammad Amin v. The State P L D 1984 S C 343,
Qazi Salahuddin v. The State P L D 1986 S C 548,
Abdul Hamid and another v. The State P L D 1963 (W.P.) Kar. 363,
Saeed Zakaria, v. The State and another 1972 S C M R 118
|
| Laws Involved |
Penal Code (XLV of 1860),
Prevention of Corruption Act (II of 1947)
|
| Sections |
409,
5(2)
|