| Case ID |
3ad0a2fa-a41d-4630-b387-9013af5f2dbc |
| Body |
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| Case Number |
Criminal Acquittal No. (s) 121 of 2015 |
| Decision Date |
Oct 23, 2017 |
| Hearing Date |
Sep 14, 2017 |
| Decision |
The High Court found that the Trial Court's judgment was flawed due to material illegalities and irregularities. The Trial Court's failure to call for the Election Commission's records and provide fair opportunities for evidence presentation led to the decision being non-speaking and unsustainable. The High Court directed the Trial Court to gather the necessary records and allow both parties to present their evidence, thereby remanding the case for a fresh decision within four months. The appeal was allowed, indicating a significant oversight in the initial ruling that required rectification. |
| Summary |
The case revolves around an election dispute concerning the respondent Abdul Ghafoor, who was accused of submitting false declarations regarding his educational qualifications during the nomination process for the General Election of 2013. The Balochistan High Court reviewed the acquittal by the Trial Court, which had failed to adequately address the substantial evidence and legal guidelines set forth in the Representation Of People Act, 1976, and the Constitution of Pakistan. The High Court's decision underscored the importance of transparency and accuracy in electoral processes, affirming that any candidate who misrepresents their qualifications undermines the integrity of the electoral system. The ruling emphasizes the judiciary's role in ensuring adherence to electoral laws and upholding democratic principles. The High Court's directive for a thorough re-evaluation of the evidence highlights the legal system's commitment to justice and accountability in election-related matters. |
| Court |
Balochistan High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD EJAZ SWATI,
JUSTICE ABDULLAH BALOCH
|
| Lawyers |
Muhammad Rasheed for Appellant.,
Muhammad Sadique Ghuman for Respondent.,
Jameel Akhtar Gajani, D.P.G. for the State.
|
| Petitioners |
REGIONAL ELECTION COMMISSION, NASEERABAD
|
| Respondents |
ABDUL GHAFOOR
|
| Citations |
2018 SLD 2058,
2018 YLR 1917
|
| Other Citations |
C. As. 411 to 414 of 2012 rel.
|
| Laws Involved |
Representation Of People Act, 1976,
Constitution of Pakistan, 1973,
Conduct of General Elections Order (7 of 2002)
|
| Sections |
52,
78(3)(d),
82,
94,
62(f),
8-A
|