| Case ID |
450daa97-4231-4c9e-b71f-2171d0bdee97 |
| Body |
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| Case Number |
Writ Petition No.3900 of 2020 |
| Decision Date |
Mar 17, 2022 |
| Hearing Date |
Mar 10, 2022 |
| Decision |
The Islamabad High Court dismissed the writ petition on the grounds that the proceedings before the Ombudsperson for Protection against Harassment of Women at the Workplace were valid despite the pendency of a criminal trial against the petitioners. The court established that the protections under the Protection Against Harassment of Women at Workplace Act, 2010, are in addition to existing laws, thereby allowing for concurrent civil and criminal proceedings. The Ombudsperson's inquiry is not a criminal proceeding, and the petitioners' rights under Article 13 of the Constitution were not violated. Furthermore, the court noted that the penalties that could be imposed by the Ombudsperson differ from the criminal penalties, affirming the independent nature of the two proceedings. |
| Summary |
In the case of Writ Petition No.3900 of 2020, the Islamabad High Court addressed the intersection of civil and criminal proceedings under the Protection Against Harassment of Women at Workplace Act, 2010. The petitioners, IMRAN AMIR and another, challenged a complaint made against them by Mst. ISMAT BIBI, asserting that ongoing proceedings before the Ombudsperson violated their fundamental rights due to a concurrent criminal trial. The court ultimately ruled that the protections provided by the 2010 Act are supplementary to existing laws, thereby allowing for both civil inquiries and criminal trials to proceed simultaneously without infringing on the rights of the accused. The decision underscores the importance of safeguarding women's rights in the workplace while balancing the legal rights of the accused, emphasizing that different standards and purposes govern civil and criminal proceedings. This ruling is significant as it clarifies that acquittal in criminal matters does not absolve individuals from civil liabilities, reinforcing the dual nature of legal accountability in cases of harassment. The judgment also highlights the necessity for thorough inquiries into complaints of harassment, ensuring that victims have avenues for redress without compromising the legal protections afforded to the accused. |
| Court |
Islamabad High Court
|
| Entities Involved |
Not available
|
| Judges |
Miangul Hassan Aurangzeb
|
| Lawyers |
Tufail Shahzad,
Muhammad Sadiq Khan
|
| Petitioners |
,
IMRAN AMIR
|
| Respondents |
,
Mst. ISMAT BIBI
|
| Citations |
2023 CLC 1059,
2023 SLD 1504
|
| Other Citations |
1989 SCMR 333,
PLD 1985 SC 134,
PLD 1987 SC 195,
1993 SCMR 2177,
2002 SCMR 57,
2004 SCMR 192,
2004 SCMR 540,
2005 SCMR 1067,
2005 SCMR 1901,
2005 SCMR 1020,
2006 SCMR 554,
2011 PLC (C.S.) 1462
|
| Laws Involved |
Protection Against Harassment of Women at Workplace Act, 2010,
Constitution of Pakistan, 1973
|
| Sections |
4,
8,
10,
12,
13
|