| Case ID |
7f8384a3-760f-46b7-a556-2af2b2a587ce |
| Body |
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| Case Number |
Crl. Ps. Nos. 1276 and 1320 of 2023 |
| Decision Date |
Dec 22, 2023 |
| Hearing Date |
Dec 22, 2023 |
| Decision |
The Supreme Court of Pakistan allowed the bail petitions of the petitioners, Imran Ahmed Khan Niazi and Makhdoom Shah Mahmood Qureshi, citing insufficient incriminating material at the bail stage. The court determined that the case lacked reasonable grounds for believing the petitioners committed the alleged offenses under the Official Secrets Act. The judges emphasized the importance of ensuring genuine elections and that political leaders should not be incarcerated during election periods unless exceptional circumstances exist. The decision overturned the Islamabad High Court's denial of bail, allowing the petitioners to contest the forthcoming elections while ensuring the integrity of the electoral process. |
| Summary |
In the case of Imran Ahmed Khan Niazi and Makhdoom Shah Mahmood Qureshi, the Supreme Court of Pakistan addressed critical issues surrounding the bail of political leaders amid ongoing legal proceedings. The court's decision revolved around the interpretation of the Official Secrets Act and the implications of denying bail during an election period. It underscored the necessity for fair political representation and the fundamental rights of citizens to participate in democratic processes. The justices highlighted that the incarceration of political competitors could adversely affect the electoral integrity and emphasized the need for a balanced approach in law enforcement, especially during sensitive political times. This landmark ruling sets a precedent for future cases involving political figures and the right to bail, particularly in the context of ensuring genuine elections. The case reflects ongoing tensions in Pakistan's political landscape, where legal challenges intersect with electoral rights, emphasizing the judiciary's role in safeguarding democratic principles. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Islamabad High Court,
Supreme Court of Pakistan,
FIA
|
| Judges |
Sardar Tariq Masood, ACJ,
Syed Mansoor Ali Shah, J,
Athar Minallah, J
|
| Lawyers |
Hamid Khan, Sr. Advocate Supreme Court,
Salman Safdar, Advocate Supreme Court,
Syed Mohammad Ali Bokhari, Advocate Supreme Court,
Niazullah Khan Niazi, Advocate Supreme Court,
Qamar Inayat Raja, Advocate Supreme Court,
Barrister Tamur, Advocate,
Barrister Faiza, Advocate,
Syed Rifaqat Hussain Shah, Advocate-on-Record,
Javaid Iqbal Wains, Addl.AGP,
Raja Rizwan Abbasi, Advocate Supreme Court,
Mudassar Hussain Malik, Advocate Supreme Court,
Syed Zulifqar Abbas Naqvi, Advocate Supreme Court,
Shah Khawar, Advocate Supreme Court,
Mian Sabir, I.O.
|
| Petitioners |
IMRAN AHMED KHAN NIAZI,
|
| Respondents |
The STATE,
|
| Citations |
2024 SLD 3198,
2024 SCMR 1284
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Constitution of Pakistan, 1973,
Official Secrets Act, 1923,
Penal Code (XLV of 1860)
|
| Sections |
497,
497(2),
185(3),
5,
9,
34
|