| Citation(s) |
|---|
| 2020 SLG 800 2020 SLD 800 2020 PCRLJ 683 |
Sindh High Court
Constitutional Petition No. D-5209 of 2017, decision Dated: 28-06-2019, hearing Date : 16-04-2019
OMAR SIAL, JUSTICE
Petitioner(s) by: Shoukat Hayat Muhammad Bashir Ahmed for
Respondent No. 4.
Constitutional Petition No. D-5209 of 2017, decision Dated: 28-06-2019, hearing Date : 16-04-2019
OMAR SIAL, JUSTICE
Petitioner(s) by: Shoukat Hayat Muhammad Bashir Ahmed for
Respondent No. 4.
MUHAMMAD SAFDAR
VS
PRESIDING OFFICER ACCOUNTABILITY COURT NO.IV, KARACHI AND OTHERS
Law: Police Rules, 1934
Section: VOL,III,CH,XXV,25,2(3)
Law: National Accountability Ordinance, 1999
Section: 17
Law: Criminal Procedure Code (V of 1898)
Section: 265-C
Law: Constitution of Pakistan, 1973
Section: 10-A
(a) Police Rules, 1934--- ----Vol. III, Ch. XXV, R. 25.2(3)---Investigating officer---Duties---Focus of investigating officer is to only successfully establish a case against a person nominated as accused in the case---In such desire and exuberance of investigating officer, material which is collected by him during investigation of the case and which material would establish innocence of accused or at very least help to his defense, is discarded from consideration. (b) National Accountability Ordinance (XVIII of 1999)--- ----S. 17---Police Rules, 1934, Vol. III, Ch. XXV, R. 25.2(3)---Criminal Procedure Code (V of 1898), S. 265-C---Constitution of Pakistan, Art. 10-A---Copies of material collected during investigation, providing of---Duty of Investigating officer---Right of fair trial---Accused was aggrieved of refusal of Trial Court to provide him copies of all material which was collected during investigation by investigating officer but was not appended with reference---Validity---Investigation officer was to procure and produce all evidence required by a court to reach a fair and just decision, irrespective of whether it supported prosecution or defense with object of conducting an honest investigation which could guarantee a fair trial and conceiving a fair trial---National Accountability Bureau did not deny that it was in possession of documents sought by accused and documents sought by accused had a direct nexus with allegation against him, not providing such documents would adversely impact his Fundamental Right to have a fair trial as enshrined in Art. 10-A of the Constitution---High Court directed investigating officer to provide documents to accused---Constitutional petition was allowed accordingly. Sughran Bibi v The State PLD 2018 SC 595; Bank of Punjab v. Haris Steel Industries (Pvt.) Limited PLD 2010 SC 1109 and Sharjeel Inam Memon v. National Accountability Bureau 2018 PCr.LJ Note 34, p.42 rel. THIS ORDER PASSED BY: OMAR SIAL, JUSTICE:---.--- The petitioner Muhammad Safdar is one of the accused facing proceedings in Reference No. 13 of 2016 filed by the National Accountability Bureau in the Accountability Court No. IV at Karachi. 2. During…
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