| Citation(s) |
|---|
| 2004 SLG 1201 2004 SLD 1201 2004 SCMR 1456 |
Supreme Court of Pakistan
Civil Appeal No.3128/L, of 2000, decision dated: 13-05-2004.(On appeal from the judgment/order, dated 19-12-2000 passed by Lahore High Court, Lahore in W.P. No.24915 of 2000)
IFTIKHAR MUHAMMAD CHAUDHRY, KHALIL-UR-REHMAN RAMDAY AND FALAK SHER, JJ
Ehsan-ul-Haq Chaudhry, Advocate Supreme Court and Ch Talib Hussain, Advocate-on-Record (absent) for Petitioner. Nemo for
Respondents Nos.1 and 2. Ch. M. Ashraf Wahlah, Senior Advocate Supreme Court and Tanvir Ahmed, Advocate-on-Record (absent) for Respo
Civil Appeal No.3128/L, of 2000, decision dated: 13-05-2004.(On appeal from the judgment/order, dated 19-12-2000 passed by Lahore High Court, Lahore in W.P. No.24915 of 2000)
IFTIKHAR MUHAMMAD CHAUDHRY, KHALIL-UR-REHMAN RAMDAY AND FALAK SHER, JJ
Ehsan-ul-Haq Chaudhry, Advocate Supreme Court and Ch Talib Hussain, Advocate-on-Record (absent) for Petitioner. Nemo for
Respondents Nos.1 and 2. Ch. M. Ashraf Wahlah, Senior Advocate Supreme Court and Tanvir Ahmed, Advocate-on-Record (absent) for Respo
MUNIR AHMAD and anothers
VS
DISTRICT RETURNING OFFICER/APPELLATE AUTHORITY, SARGODHA and others
Law:
Section:
(a) Punjab Local Government Elections Ordinance (V of 2000)---S. 14(k) & (1)---Criminal Procedure Code (V of 1898), S.345---Qanun-e-Shahadat (10 of 1984), Art.66---Constitution of Pakistan (1973), Art. 185(3)---Character of candidate---Determination---Criminal case---Compounding of offence---Presumption---Candidate was involved in criminal cases registered against him by Forest Department--¬Application for compounding of offences was filed by the candidate but neither any permission was granted to compound the offence nor the candidate had been put to trial except in one of the cases under S.14 of Offences Against Property (Enforcement of Hudood) Ordinance, 1979, but in that case as well the candidate was acquitted under S.249-A, Cr.P.C. by the Trial Court---Returning Officer, thought that the candidate did not have good character, therefore, his nomination papers were rejected---Order passed by the. Returning Officer was maintained by the District Returning Officer---High Court also declined relief to the candidate on the ground that he had prayed for compounding of offence, therefore, it was an admission on his part for the commission of offence being committed by him--- Validity---High Court traveled beyond the scope of law i.e. S.14(k)(1) of Punjab Local Government Elections Ordinance, 2000,. for disqualifying the candidate to contest the election--¬Determination regarding corrupt character of a person was to be proved as a fact on the basis of cogent evidence independently and character of a person could not be determined on the basis of inferential evidence, presuming that after the cancellation of FIR and reimbursement of loss allegedly caused by the candidate, for which no cogent evidence was available on record, if the candidate had made a request for compounding the offence, then under S. 14(k) of Punjab Local Government Elections Ordinance, 2000, it would not tantamount to admitting a crime by an individual---For proving character of a person in terms of Art.66 of Qanun-e-Shahadat, 1984, strong convincing and admissible evidence had to be brought on record, being a pure question of fact, relevant for decision of the case---High Court was not…
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