Citation Name: 2024 PCrLJ 1903 LAHORE-HIGH-COURT-LAHOREBookmark this Case Ch. Fawad Ahmad vs Government of the

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Citation Name: 2024 PCrLJ 1903 LAHORE-HIGH-COURT-LAHOREBookmark this Case Ch. Fawad Ahmad VS Government of the Punjab S. 160---Constitution of Pakistan, Art. 199---Constitutional petition---Maintainability---Notice under S.160 Cr.P.C.---Scope---Notice under S.160, Cr.P.C., cannot be challenged under Art. 199 of the Constitution before High Court unless it is patently illegal, mala fide, without jurisdiction or coram non judice. Citation Name: 2024 PCrLJ 1903 LAHORE-HIGH-COURT-LAHOREBookmark this Case Ch. Fawad Ahmad VS Government of the Punjab S. 19---Joint Investigation Team (JIT)---Composition---Objection over inclusion of two police officers in the JIT---Without any evidence of bias against any member of Joint Investigation Team, nomination cannot be objected on the basis of apprehensions. Citation Name: 2024 PCrLJ 1903 LAHORE-HIGH-COURT-LAHOREBookmark this Case Ch. Fawad Ahmad VS Government of the Punjab Ss. 7 & 23---Constitution of Pakistan, Art. 199---Constitutional petition---Alternate and efficacious remedy---Scope---Anti-Terrorism Court, jurisdiction of---Determination---Question as to whether other remedy constitutes alternative remedy that would limit jurisdiction of High Court under Art. 199 of the Constitution is one of law---Such question must be determined on individual basis---Anti-Terrorism Court decides about applicability of S.7 of Anti-Terrorism Act, 1997, after taking cognizance---In certain instances, remedy under S.23 of Anti-Terrorism Act, 1997, may not be adequate and efficacious, to qualify as an alternative remedy---There is no inflexible rule that High Court cannot consider whether S.7 of Anti-Terrorism Act, 1997, applies in a particular matter until the litigant has availed remedy under S.23 of Anti-Terrorism Act, 1997---High Court should decide each case after considering its peculiar facts and circumstances. Citation Name: 2024 PCrLJ 1903 LAHORE-HIGH-COURT-LAHOREBookmark this Case Ch. Fawad Ahmad VS Government of the Punjab S. 19---Police Order (22 of 2002), art. 18a---Criminal Procedure Code (V of 1898), S. 94---Constitution of Pakistan, art. 199---Constitutional petition---Joint Investigation Team---Object, purpose and scope---Petitioners were aggrieved of formation of Joint Investigation Team to investigate the violence that took place between 22-2-2023 and 19-3-2023, due to which there was damage of public and private property worth crores of Rupees, and many police personnel were inured and at least one person was killed---allegedly, workers of political party concerned threw petrol bombs at police as they attempted to execute non-bailable warrants issued by Trial Court against their party leader---Held, that provision of S.94, Cr.P.C., grants wide powers to Investigating Officer to compel production of any document or other thing necessary or desirable for any investigation---Such provision is inadequate to deal with cases involving terrorism which constitutes a special class---Investigation in such cases may need to be conducted across provinces or internationally---This may require special skills or knowledge that regular police personnel lack---Sometimes, police may also require assistance from other agencies within the country and overseas, as fair investigation is essential to right to a fair trial, and Joint Investigation Teams help the same---Subject to statutory safeguards, concept of Joint Investigation Team does not offend the Constitution---Thorough probe into the incidents was essential to bring the miscreants to justice---Cabinet rightly constituted Joint Investigation Team to broaden scope of investigation and had made it transparent, fair and credible---Petitioners failed to demonstrate that order of forming Joint Investigation team was mala fide---High Court declined to interfere in order constituting Joint Investigation Team as the order was unexceptionable---Government was competent to form Joint Investigation Team in the cases mentioned in the order---Constitutional petition was dismissed, in circumstances. Citation Name: 2024 PCrLJ 1903 LAHORE-HIGH-COURT-LAHOREBookmark this Case Ch. Fawad Ahmad VS Government of the Punjab Ss. 2 & 5---Role of Punjab Government---Scope---Role of the Punjab Government under Punjab Criminal Prosecution Service (Constitution, Functions and Powers) Act, 2006, is of policy-making and monitoring Prosecution Service---Prosecutor General is charged with managing and controlling its administrative, operational, and financial functions. Citation Name: 2024 PCrLJ 1903 LAHORE-HIGH-COURT-LAHOREBookmark this Case Ch. Fawad Ahmad VS Government of the Punjab S. 17---Code of Conduct for Prosecutors, 2012, Paras. 3 & 6---Code of Conduct---Threshold Test---Full Code Test---Applicability---Prosecutor must be convinced that there are reasonable grounds to believe that ongoing investigation will yield more evidence within a reasonable time so that all evidence combined can establish a realistic prospect of conviction under Full Code Test---Additional evidence must be identifiable and not speculative---Threshold Test under paragraph 6.4 of Code of Conduct should not be employed when evidence on which criminality of the suspect hinges is in the process of forensic analysis.

Citation Name: 2024 PCrLJ 1903 LAHORE-HIGH-COURT-LAHOREBookmark this Case Ch. Fawad Ahmad vs Government of the Punjab S — 2024 PCrLJ 1903 LAHORE-HIGH-COURT-LAHORE

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