The Supreme Court of Pakistan, in two separate cases, acquitted the accused due to flawed investigations and weak evidence. These decisions by the nation’s highest court overturned earlier convictions by lower courts. This highlights issues in the judicial process within the Pakistan Supreme Court.
The Pakistan Supreme Court acquitted Sikandar Lashari and Irfan alias Faheem in the 2014 murder case of Hunain Tariq, son of Sindh High Court Justice Khalid Shahani. A short order, authored by Justice Athar Minallah, set aside the trial court and Sindh High Court verdicts, which had sentenced the accused to death. It is evident that the investigation and prosecution lacked rigour, leading to the acquittal. A detailed judgment will follow to explain the reasoning behind the Pakistan Supreme Court’s decision.
In another case, the Pakistan Supreme Court freed a man imprisoned for 12 years on charges of sexually assaulting his daughter. The court overturned the life sentence handed down by a trial court. The Lahore High Court upheld this sentence. A three-member bench, led by Justice Hashim Kakar, issued a 10-page decision written by Justice Ali Baqar Najafi. The court ordered the man’s immediate release, provided he is not needed in other cases, as the Pakistan Supreme Court intervened.
Read: Islamabad High Court Chief Justice Explains Imaan Mazari Dispute
The ruling noted that the alleged victim’s testimony was unreliable. No test was conducted to assess her mental maturity, as required by the Qanun-e-Shahadat (Law of Evidence). The court found contradictions in the victim’s account. This included unclear details about the incident’s date and time. Medical testimony was inconsistent, with the doctor first confirming signs of assault but later denying them during questioning, as noted by the Pakistan Supreme Court.
These acquittals raise concerns about the quality of investigations and prosecutions in Pakistan’s courts. The decisions by the Pakistan Supreme Court highlight the need for reliable evidence and fair processes to ensure justice. By overturning convictions based on weak cases, the court aims to uphold the rule of law. Furthermore, these actions protect the rights of the accused.
