| Citation(s) |
|---|
| 2025 SLG 4806 2025 SLD 4806 = 2025 SCP 423 |
Jail Petition No.116 of 2020 and Criminal Petition No.74-K of 2020 (Against judgment dated 09.04.2020 of the High Court of Sindh, Karachi passed in Spl. Crl. AntiTerrorism Appeals Nos.14 of 2007, 42 of 2014 and Confirmation Case No.04 of 2007)
Mr. Justice Athar Minallah Mr. Justice Irfan Saadat Khan Mr. Justice Malik Shahzad Ahmad Khan
Abdul Aziz Khan Mangla Khan The State through Prosecutor General, Sindh ...Petitioner
VERSUS
The State Abdul Hameed Bugti ...Respondent
Law: Anti-Terrorism Act, 1997
Section: 7(a), 7(b), 7(c), 7(d), 7(i)
Law: Explosive Substances Act, 1908
Section: 3, 4, 5, 5-A
Law: Code of Criminal Procedure, 1898
Section: 164, 173, 342, 497(2), 544-A
Law: Qanun-e-Shahadat Order, 1984
Section: 22,129
Law: Constitution of Pakistan, 1973
Section: 122
Summary
This order reviews the case of Abdul Aziz Khan and Mangala Khan, who were convicted for a terrorist bombing incident in 2005 but after more than two decades of imprisonment, were acquitted due to unreliable evidence and procedural deficiencies. The investigation lacked fairness, withheld crucial CCTV footage, and the confessions were not voluntary. The judgment highlights serious failings in the criminal justice system and calls for compensation and reforms for victims of wrongful imprisonment.
Core Points
- Appellants were arrested over 20 years ago for a terrorist bombing killing 5 and injuring 20+.
- Convicted by trial court and upheld by High Court; death sentences awarded.
- Acquitted due to unreliable witness testimonies, flawed identification parade, and non-voluntary confessions.
- Investigation failed to secure/preserve full CCTV footage crucial to proving presence at the crime scene.
- Co-accused were absconders; one acquitted on appeal due to lack of evidence.
- Delay and mysterious circumstances of arrest and confessions raised doubts about prosecution case.
- Court emphasized constitutional obligation to compensate and rehabilitate miscarriage of justice victims.
- Criminal Petition challenging acquittal of another accused dismissed for no substantial question of law.
Law and Sections Table
| Law / Act | Section(s) | Description |
|---|---|---|
| Anti-Terrorism Act, 1997 | 7(a), 7(b), 7(c), 7(d), 7(i) | Various terrorism-related offences and penalties |
| Explosive Substances Act, 1908 | 3, 4, 5, 5-A | Offences relating to explosives, property forfeiture |
| Code of Criminal Procedure, 1898 | 164, 173, 342, 497(2), 544-A | Judicial confession, investigation, defense statement, release, compensation |
| Qanun-e-Shahadat Order, 1984 | Article 22, Article 129 | Evidence and adverse inference rules |
| Constitution of Pakistan, 1973 | Article 212 | Right to compensation for wrongful acts by the state |
O R D E R