ABBAS HAIDER NAQVI vs FEDERATION OF PAKISTAN S — 2022 PCrLJ 941 KARACHI-HIGH-COURT-SINDH

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ABBAS HAIDER NAQVI VS FEDERATION OF PAKISTAN S. 9(a)(vi)---Criminal Procedure Code (V of 1898), Ss. 265-K & 403---Constitution of Pakistan, Arts. 13 & 199---Constitutional petition--- Maintainability--- Quashing of proceedings---Fag end of trial---Double jeopardy---Show cause notice, proceedings of---Scope---Petitioners were facing trial who sought quashing of proceedings against them at the stage when cross examination on investigating officer as last prosecution witness was under process---Plea raised by petitioners was that penalty in the matter had already been imposed against proceedings initiated under show cause notice therefore, trial was a double jeopardy---Validity---Case of prosecution was almost over and at such stage expressing opinion into merits of the case especially based on evidence that too under discretionary Constitutional jurisdiction was not only to prejudice case of parties but was likely to deprive both of them an appellate forum which otherwise in the wake of final decision by Trial Court was available to aggrieved party---Petitioners were not the only accused in reference but were arraigned therein along with other accused persons---Nature of allegations and overlapping role of each accused in causing effect leading to alleged loss to national exchequer was such that separating attribution to one accused from the other was not possible without undermining the whole prosecution case---Such approach would amount to resolving controversy in piecemeal which had never been the scheme of law---Commission of any offence by petitioners could only be settled after deep and at minuscule level examination of evidence---Such exercise was not permissible under Constitutional jurisdiction and was tantamount to stretching things beyond prescribed limits---Penalty imposed under show cause notice was not outcome of any proceedings held in trial and in respect of same offence by competent Court of law to attract principle of double jeopardy enshrined under Art. 13 of the Constitution and S. 403, Cr.P.C.---Proceedings in terms of show cause notice were not equal to the ones held in trial which were basically meant to find out guilt or otherwise of an accused in alleged offence on the basis of evidence---Show cause notice followed quite distinct procedure than the one held in regular trial where mandatorily evidence of parties was to be recorded and appreciated, whereas in the former no such exercise was restored to---Constitutional petition was dismissed, in circumstances.

ABBAS HAIDER NAQVI vs FEDERATION OF PAKISTAN S — 2022 PCrLJ 941 KARACHI-HIGH-COURT-SINDH

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