| Case ID |
2ddcc150-a802-42b9-a08b-3a07127bb4c0 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition for Leave to Appeal No. 161 of 1994 |
| Decision Date |
Jul 14, 1994 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petition for leave to appeal filed by Brig. (Retd.) Imtiaz Ahmad against the Lahore High Court's judgment. The Court held that the registration of criminal cases and subsequent investigations must respect the constitutional boundaries of judicial review and the separation of powers. It emphasized that the judiciary cannot interfere with the police's statutory right to investigate alleged cognizable crimes without prior judicial authority. The Court also ruled that no immunity from criminal prosecution exists for public servants in cases of misappropriation of public funds, affirming that all officials are equally subject to the law. |
| Summary |
This case revolves around the judicial review power under Article 199 of the Constitution of Pakistan, focusing on the balance between judicial oversight and the executive's investigatory powers. The Supreme Court addressed critical issues regarding the registration of criminal cases against public officials, emphasizing the importance of judicial restraint to uphold the rule of law. The case highlights the lack of immunity for public servants against criminal prosecution, particularly in matters involving misappropriation of public funds. The Court's decision reinforces the principle that the judiciary must not encroach upon the functions of law enforcement agencies. This landmark ruling serves as a precedent for future cases concerning the accountability of public officials and the integrity of the judicial process in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SAJJAD ALI SHAH, C.J.,
FAZAL KARIM,
MUHAMMAD MUNIR KHAN, JJ
|
| Lawyers |
Not available
|
| Petitioners |
Brig. (Retd.) IMTIAZ AHMAD
|
| Respondents |
GOVERNMENT OF PAKISTAN through Secretary, Interior Division, Islamabad and others
|
| Citations |
1994 SLD 1037,
1994 SCMR 2142
|
| Other Citations |
PLD 1968 SC 313,
PLD 1994 SC 281,
PLD 1966 SC 1,
PLD 1992 SC 492,
1981 AC 718,
1986 All ER 199
|
| Laws Involved |
Constitution of Pakistan (1973),
Criminal Procedure Code (V of 1898),
Qanun-e-Shahadat (10 of 1984)
|
| Sections |
199,
13,
154,
129,
161
|