| Citation(s) |
|---|
| 2013 SLG 1716 2013 SLD 1716 2013 PLD 472 |
Supreme Court of Pakistan
Criminal Petition No.469 of 2012, decision dated: 8-04-2013
NASIR-UL-MULK, ASIF SAEED KHAN KHOSA AND IJAZ AHMED CHAUDHRY, JJ
Sardar Muhammad Ishaq Khan, Senior Advocate Supreme Court for Petitioner.
Respondent in person. Asjad Javed Ghurral, Additional Prosecutor General, Punjab for the State
Criminal Petition No.469 of 2012, decision dated: 8-04-2013
NASIR-UL-MULK, ASIF SAEED KHAN KHOSA AND IJAZ AHMED CHAUDHRY, JJ
Sardar Muhammad Ishaq Khan, Senior Advocate Supreme Court for Petitioner.
Respondent in person. Asjad Javed Ghurral, Additional Prosecutor General, Punjab for the State
Rao ABDUL JABBAR KHAN-
VS
LAHORE HIGH COURT, LAHORE through Registrar
Law:
Section:
(a) Expunction of remarks from ----Adverse remarks by High Court in its against member of subordinate judiciary accusing him for "misusing his judicial powers" etc.---Trial Judge (petitioner) convicted accused persons under S.396, P.P.C. and sentenced each of them to death---High Court acquitted accused persons of the charge taking strong exception to the passed by Trial Judge mainly on the grounds that there was no direct evidence available on the record against the accused persons; that the attending circumstances of the case had not received any corroboration from any independent source; that the trial Judge had exclusively relied upon opinion of the investigating officers who had conducted the investigation in a dishonest manner, and that the heirs of the deceased had made statements in favour of the accused persons during the course of the trial---High Court observed in its that the Trial Judge had "acted with extreme high handedness" and had misused his judicial powers; that the sentences passed by the Trial Judge were quite "harsh" which did not appeal to the mind of a person of ordinary prudence and, thus, he was either incapable to adjudicate sessions cases or his integrity was doubtful as a judicial officer---High Court issued a direction to the Registrar of the High Court to place its findings on the personal file of the Trial Judge so that the matter could be taken up on the administrative side---Validity---High Court was not justified in observing that no direct evidence was available on the record regarding involvement of the accused persons in the offence inasmuch as a prosecution witness had categorically stated before the Trial Court that one of the accused had fired a shot at the deceased and the said witness claimed to have witnessed the firing of the shot---Such evidence was definitely a direct piece of evidence at least against one of the accused persons---During the course of investigation many recoveries had allegedly been affected from the possession of the accused persons and for reasons recorded by the Trial Judge in his , such recoveries had been believed by him and, thus, it could not have been observed by the High Court, that no…
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