| Case ID |
43c12bd0-76f0-4215-8b83-393be5b692c7 |
| Body |
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| Case Number |
Special Ant Terrorism Appeal No.84 of 2001 |
| Decision Date |
Nov 03, 2001 |
| Hearing Date |
Oct 30, 2001 |
| Decision |
The Sindh High Court set aside the judgment of the trial court which had convicted the appellant, Inspector Syed MAIRAJ ALI SHAH, under section 27 of the Anti Terrorism Act, 1997. The court found that the trial court had not provided a speaking order regarding the defects in the investigation conducted by the appellant, and that the conviction was not supported by sufficient evidence. Consequently, the case was remanded to the trial court for fresh consideration, ensuring the appellant received a proper opportunity to defend himself. |
| Summary |
In the case of Special Ant Terrorism Appeal No.84 of 2001, the Sindh High Court addressed significant issues regarding the integrity of police investigations and the standards required for a valid conviction under the Anti Terrorism Act, 1997. The appellant, Inspector Syed MAIRAJ ALI SHAH, was accused of conducting a defective investigation that resulted in the acquittal of the accused in a separate criminal case. The court emphasized the need for a well-reasoned judgment that articulates the basis for any findings against a police officer. This case highlights the importance of due process and fair trial rights within the judicial system, particularly in cases involving allegations of terrorism. The decision to remand the case underscores the court's commitment to ensuring justice is served and that all parties are afforded a fair chance to present their case. The ruling is expected to have broader implications for future cases involving police conduct and the standards of investigation required under Pakistani law. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
GHULAM RABBANI,
MUHAMMAD ASHRAF LEGHARI
|
| Lawyers |
Ch. A. Rasheed,
Habib Ahmed, Asstt. A. G.
|
| Petitioners |
Inspector Syed MAIRAJ ALI SHAH
|
| Respondents |
THE STATE
|
| Citations |
2002 SLD 967,
2002 PCRLJ 655
|
| Other Citations |
Not available
|
| Laws Involved |
Anti Terrorism Act (XXVII of 1997),
Anti Narcotics Force Act, 1997
|
| Sections |
27,
27
|