| Case ID |
f85ee4db-5d88-4590-9eed-cd4831510ced |
| Body |
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| Case Number |
Civil Petition No. 69-K of 1994 |
| Decision Date |
May 18, 1994 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petition for leave to appeal against the judicial scrutiny of the High Court. The court held that when a cognizable case is under investigation and is subject to judicial scrutiny by a superior court, the court can direct concerned authorities to finalize their reports within a reasonable time. The High Court's order did not interfere with the investigation but required the concerned officers to be more vigilant and dutiful. The court emphasized that investigating authorities do not have the total authority to conduct investigations according to their whims, especially in cases of alleged misconduct by police officers. The court also noted that the High Court was competent to correct mala fide proceedings and ensure justice and fair play. The petitioner's appeal was dismissed in light of these principles. |
| Summary |
This case revolves around the judicial scrutiny of a police investigation following the death of Nazir Ahmad in custody, allegedly due to police torture. The Supreme Court of Pakistan reviewed the proceedings initiated by the High Court on a complaint from the victim's father, Haji Umar. The court highlighted the need for timely investigations and the responsibility of police officers to conduct their duties ethically. The decision emphasizes the balance between law enforcement authority and the protection of citizens' rights, particularly in cases involving serious allegations of police misconduct. The case underscores the importance of judicial oversight in ensuring accountability within law enforcement agencies. This case is significant in the context of human rights and police accountability in Pakistan, and it sets a precedent for future cases involving similar issues. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
AJMAL MIAN,
SAJJAD ALI SHAH,
SALEEM AKHTAR
|
| Lawyers |
ZIA AHMED AWAN,
MUHAMMAD IQBAL AQEEL,
ABDUL HALEEM PIRZADA,
RAJA M. IRSHAD
|
| Petitioners |
ANWAR AHMAD KHAN
|
| Respondents |
THE STATE,
others
|
| Citations |
1996 SLD 1078 = 1996 SCMR 24
|
| Other Citations |
PLD 1971 SC 677,
Emperor v. Khawaja Nazir Ahmed AIR, 1945 PC 18,
Ghulam Muhammad v. Muzammal Khan and others PLD 1967 SC 317,
Shahnaz Begum v. The Hon'ble Judges of the High Court of Sindh and Balochistan PLD 1971 SC 677,
Wali Muhammad alias Walia v. Haq Nawaz and others 1971 SCMR 717
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Constitution of Pakistan (1973)
|
| Sections |
156,
199,
185(3)
|