| Case ID |
d68b7e5d-e505-4ed2-823a-dc5b584596d9 |
| Body |
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| Case Number |
Civil Appeal No. 568 of 1995 |
| Decision Date |
Jun 02, 1998 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan ruled that Dr. Muhammad Islam, having been acquitted of the murder charge due to lack of evidence, was entitled to receive his salary and allowances during the period he was suspended. The Court emphasized that all acquittals are considered honourable, and the lack of evidence against the appellant warranted reinstatement and compensation for the period of suspension. The Court dismissed arguments suggesting that the acquittal was based on compromise, asserting that the prosecution failed to prove any charges against him. This decision reinforces the principle that an acquittal, regardless of its circumstances, does not tarnish the character of the accused, thereby ensuring justice. |
| Summary |
In the case of Dr. Muhammad Islam vs. Government of N.-W.F.P., the Supreme Court of Pakistan addressed the implications of acquittal in relation to civil service entitlements. The case revolved around Dr. Islam's suspension following his arrest under section 302/34, P.P.C. for murder. The Court found that the prosecution failed to present any evidence against him, leading to his acquittal. It was determined that civil servants who are acquitted should not suffer financially due to baseless allegations. The judgment highlighted that all acquittals are honourable and that reinstatement of salary and allowances is warranted during the suspension period. This case serves as a precedent emphasizing the rights of civil servants against wrongful accusations and the importance of upholding justice in the face of unfounded charges. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
GOVERNMENT OF N.-W.F.P.,
Food, Agriculture, Livestock and Cooperative Department, Peshawar
|
| Judges |
SAIDUZZAMAN SIDDIQUI,
RAJA AFRASIAB KHAN,
WAJIHUDDIN AHMED
|
| Lawyers |
Abdul Kadir Khattak,
Muhammad Zahoor Qureshi Azad,
Hafiz Awan
|
| Petitioners |
Dr. MUHAMMAD ISLAM
|
| Respondents |
GOVERNMENT OF N.-W.F.P. through Secretary, Food, Agriculture, Livestock and Cooperative Department, Peshawar and 2 others
|
| Citations |
1998 SLD 812,
1998 SCMR 1993
|
| Other Citations |
PLD 1976 SC 202,
1994 PLC (C.S.) 693,
PLD 1994 SC 72
|
| Laws Involved |
Fundamental Rules,
Criminal Procedure Code
|
| Sections |
F.R. 54,
S. 497
|