| Case ID |
ec76cf31-a575-4741-b5c9-a5de9ec095ce |
| Body |
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| Case Number |
Crl. Petition No. 235-L of 2015 |
| Decision Date |
Oct 27, 2023 |
| Hearing Date |
Oct 27, 2023 |
| Decision |
The Supreme Court dismissed the petition and refused leave, affirming the High Court's judgment that acquitted the respondents of charges related to kidnapping and ransom. The Court determined that the identification parade conducted was flawed due to procedural lapses and lack of sufficient evidence linking the respondents to the crime. The prosecution's reliance on the identification parade and recovery of alleged ransom after a significant delay was deemed insufficient for conviction. The case highlighted systemic issues within the criminal justice process regarding timely trials and the protection of fundamental rights. |
| Summary |
In the case of MEHBOOB HASSAN vs. AKHTAR ISLAM and others, the Supreme Court of Pakistan addressed crucial issues concerning the legal standards for identification parades and the evidentiary value of recovered ransom amounts in kidnapping cases. The Court emphasized the importance of adhering to procedural safeguards to ensure fair trials and examine the implications of delays in criminal proceedings. The ruling underscored the need for judicial efficiency and the protection of fundamental rights, aiming for a balance between prosecutorial duties and defendants' rights. This case serves as a significant precedent in the context of criminal justice reform in Pakistan, emphasizing the necessity for timely justice and the integrity of the legal process. Keywords such as 'criminal justice reform', 'identification parade standards', and 'fundamental rights protection' are pertinent in discussions surrounding this ruling. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Jamal Khan Mandokhail,
Muhammad Ali Mazhar,
Syed Hasan Azhar Rizvi
|
| Lawyers |
Ch. Azeem Sarwar,
Mirza Abid Majeed
|
| Petitioners |
MEHBOOB HASSAN
|
| Respondents |
others,
AKHTAR ISLAM
|
| Citations |
2024 SLD 2775,
2024 SCMR 757
|
| Other Citations |
2017 SCMR 1189,
2011 SCMR 537,
2019 SCMR 956,
2011 SCMR 527
|
| Laws Involved |
Anti Terrorism Act, 1997,
Penal Code (XLV of 1860),
Qanun-e-Shahadat (10 of 1984),
Constitution of Pakistan, 1973
|
| Sections |
7,
365-A,
201,
34,
22,
185(3)
|