| Case ID |
466985b4-1289-474f-b3b6-5404f0c453a3 |
| Body |
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| Case Number |
Criminal Petition No.112/L of 2004 |
| Decision Date |
Mar 30, 2004 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the criminal petition for leave to appeal filed by Sastay Khan Masood against the Lahore High Court's judgment. The Court affirmed that no prejudice was shown to have been caused to the accused due to any defect or irregularity in the investigation process. It was established that the trial court's jurisdiction was intact, and the prosecution had successfully proven its case against the petitioner. The Court found that the objections raised regarding the initial investigation by the Anti-Corruption Establishment did not affect the validity of the trial. Leave to appeal was therefore refused. |
| Summary |
The case of Sastay Khan Masood vs. The State involves allegations of corruption under the Prevention of Corruption Act and the Penal Code. The petitioner, a Sub-Divisional Clerk at WAPDA, was accused of demanding bribes for the installation of an electric meter. The Supreme Court upheld the trial court's verdict, emphasizing that defects in investigation do not invalidate the jurisdiction of the trial court unless they cause a miscarriage of justice. The decision highlights the importance of adhering to proper legal procedures while ensuring that justice is served. Key terms include 'corruption', 'judiciary', 'legal rights', and 'due process', which are critical for understanding the implications of the ruling in the context of criminal law in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Mian Muhammad Ajmal,
Faqir Muhammad Khokhar
|
| Lawyers |
Rana Muhammad Arshad Khan
|
| Petitioners |
Sastay Khan Masood
|
| Respondents |
The State
|
| Citations |
2004 SLD 1282 = 2004 SCMR 1766
|
| Other Citations |
M. Abdul Latif v. G.M. Paracha and others 1981 SCMR 1101,
The Crown v. Mehr Ali PLD 1956 FC 106,
Ch. Manzoor Elahi v. Federation of Pakistan and others PLD 1975 SC 66,
State v. Muhammad Hussain PLD 1968 SC 265,
M.S.K. Ibrat v. The Commander-in-Chief Royal Pakistan Navy and others PLD 1956 SC (Pak.) 264,
H.N. Rishbud and another v. State of Delhi AIR 1955 SC 196,
Major E.G. Barsay v. State of Bombay AIR 1961 SC 1762
|
| Laws Involved |
Prevention of Corruption Act (II of 1947),
Penal Code (XLV of 1860),
Constitution of Pakistan (1973),
Criminal Procedure Code (V of 1898)
|
| Sections |
5(2),
161,
185(3),
537
|