| Case ID |
5e4e7355-24bf-4a32-84a6-ca475a9f3632 |
| Body |
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| Case Number |
Cr. Appeal No. K 32 of 1969 |
| Decision Date |
Jan 20, 1974 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed both appeals regarding the prosecution of Muhammad Ibrahim Parekh and Azmatullah due to the lack of valid sanction for prosecution. The court held that the earlier departmental inquiry decision was decisive, and there was no locus poenitentiae left for the government to revise the order for prosecution. The ruling emphasized that once a competent authority had made a decision regarding prosecution sanctions, that decision could not be subsequently altered unless new evidence warranted it. The court also clarified that the grounds for quashing the proceedings were valid, as the prosecution's earlier sanctions were deemed invalid. |
| Summary |
This case revolves around two criminal appeals concerning the validity of prosecution sanctions against government officials for alleged corruption. The Supreme Court of Pakistan dealt with the appeals from the High Court's decisions to quash the proceedings due to invalid sanctions. The case emphasized the importance of proper sanctioning authority in criminal prosecutions, highlighting that once a decision is made by the competent authority, it cannot be altered without new evidence. The principles of locus poenitentiae were discussed, clarifying that a government may not revise its decisions once decisive steps have been taken. This decision underlines the significance of procedural correctness in the prosecution of public officials, reinforcing that the integrity of legal processes must be maintained. Keywords such as 'corruption prosecution', 'criminal law', and 'sanction validity' are crucial for understanding the legal context of this case. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Muhammad Ismail,
Muhammad Ibrahim Parekh,
Azmatullah,
Anti Corruption Department
|
| Judges |
HAMOODUR RAHMAN, C.J.,
WAHEEDUDDIN AHMAD,
MUHAMMAD GUL
|
| Lawyers |
Zafar Hussain Mirza, Advocate General Sindh,
S. Murtaza Hussain, Advocate Supreme Court,
Shafiq Ahmad, Advocate-on-Record
|
| Petitioners |
THE STATE
|
| Respondents |
MUHAMMAD ISMAIL,
MASOOD HUSSAIN
|
| Citations |
1980 SLD 223,
1980 SCMR 268
|
| Other Citations |
Jalal Din v. M. Sheikh Muhammad Rafiq P L D 1965 S C 261,
Abdul Majid v. Chief Settlement Commissioner P L D 1967 S C 437,
Shahbaz v. The Crown P L D 1956 F C 46,
Pakistan v. Muhammad Himayatullah P L D 1969 S C 407,
Lt. Col. G. L. Bhattacharya v. The State P L D 1964 S C 503,
West Pakistan Land Commission v. Fateh Ullah Khan P L D 1971 S C 393
|
| Laws Involved |
General Clauses Act,
Pakistan Criminal Law Amendment Act
|
| Sections |
21,
5(6)
|