Case Details

Citation(s)
2020 SLG 1538 2020 SLD 1538 2020 SCMR 1262
Supreme Court of Pakistan
Criminal Petition No. 622 of 2020, hearing & decision Dated: 10-07-2020 (Against the judgment Dated 28.01.2020 passed by the Islamabad High Court, Islamabad in Crl. Misc. No. 19-B of 2020)
MAZHAR ALAM KHAN MIANKHEL, JUSTICE QAZI MUHAMMAD AMIN AHMED, JUSTICE
Ms. Bushra Qamar, Advocate Supreme Court and Syed Rifaqat Hussain Shah, Advocate-on-Record for Petitioner. Niazullah Khan Niazi, Advocate-General, Islamabad Capital Territory and M. Sarferaz, SSP with Abdul Jabbar, I.O. for
Respondents.

IMRAN ABBAS

VS

THE STATE AND ANOTHER

Law:

Section:

Administration of justice--- ----Witness protection---For effective and meaningful administration of criminal justice, witness protection was a sine qua non and as such a bounden responsibility was cast upon the State to be discharged through its functionaries to safeguard vulnerable witnesses in order to ensure that stream of justice ran pure and clean with scales strictly held in balance. THIS ORDER PASSED BY: QAZI MUHAMMAD AMIN AHMED, JUSTICE:---.--- Maria Mughal, deceased, was done to death within the safety of her dwelling allegedly, by Imran Abbas, petitioner herein, no other than her former husband; her younger sister Ms. Talal Sahr witnessed the occurrence that occurred at 2:00 p.m. on 15.8.2019; solitary fire shot in the skull has been blamed as cause of death; upon petitioner's disclosure, a .30 caliber pistol was recovered from the petitioner on 31.8.2019. The petitioner moved Court of Session Islamabad (West) for admission to bail on the basis of an affidavit purportedly sworn by the complainant wherein she exonerated him from the charge; it appears from the record that the complainant presented herself before Mr. Basit Aleem, learned Addl. Sessions Judge Islamabad (West) to affirm the contents of the affidavit; the learned Addl. Sessions Judge, however, and wisely so, viewed the move as the one calculated to subvert the prosecution evidence and declined the request. A learned Judge-in-Chamber upheld the dismissal. The issue came up before us on 8.7.2020; surprised by a sudden somersault, that too, in a manner, too crude to be viewed as plausible, we sent for the Superintendent of Police; he is in attendance along with the Investigating Officer; the former states that the complainant after the incident had sought refuge in a public sanctuary (Dar-ul-Aman) whereafter she of own accord left for her village. We are at a loss to understand as to what weighed with the complainant to substitute "unknown dacoits" as…
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