Muhammad Kabeer Khan vs Zia-ul-Islam, ASI S — 2025 MLD 1710 SUPREME-COURT-AZAD-KASHMIR

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Muhammad Kabeer Khan VS Zia-ul-Islam, ASI S. 109---azad Kashmir Prevention of Corruption act (II of 1950), S. 5---abetment, taking illegal gratification---abuse of process of law---Scope---as per record, FIR was registered against Police Official/respondent under S.109, aPC, read with S. 5(2) azad Kashmir Prevention of Corruption act, 1950 on the direction of the High Court through its judgment dated September 17, 2020---Thereafter, the accused persons filed a petition for leave to appeal before the Supreme Court, which was decided on November 23, 2022---Following the said decision, the accused sought bail before arrest before the Court of competent jurisdiction, which was confirmed by the Special Judge anti- Corruption, through order dated January 14, 2023---Feeling aggrieved, the petitioners filed a revision petition before the High Court---During the pendency of the revision, the accused raised an objection that the final report had already been prepared and submitted before the competent Court and that further proceedings would be an exercise in futility---Relying upon this submission, the High Court dismissed the revision petition through its judgment dated May 27, 2024---Petitioners, thereafter, filed an application before the Director General, anti-Corruption, seeking verification of the alleged Ikhtatami Report---Upon inquiry, it was revealed that no final report had been proposed or submitted and that the matter was still under investigation and had not been consigned to record---In light of those disclosures, the petitioners filed a review petition before the High Court challenging the judgment dated May 27, 2024---High Court, after conducting the necessary proceedings, dismissed the review petition through the impugned judgment dated april 15, 2025---Validity---Owing to the gravity of the allegations, the Court deemed it necessary to summon the Director General anti-Corruption---In compliance, the Director General anti-Corruption appeared before the Court and submitted that the matter had already undergone multiple rounds of investigation, all of which concluded that the allegations were entirely false and contrived---Despite such findings, the petitioners continued to pursue protracted litigation, thereby preventing the matter from attaining finality---Director General anti- Corruption personally invited the petitioners to produce the witnesses on whose statements the case purportedly rested, however, the petitioners failed to bring forth any witness or corroborative material in support of their claims---When confronted with those developments, the petitioners submitted before the Court that they had decided the previous night to pardon the accused-respondents---Said 11th hour retraction casted serious doubt on the bona fide of the petitioners and rendered the litigation frivolous and vexatious in nature---Such conduct not only undermined the sanctity of the judicial process but also constituted a clear abuse of process of law and the Courts---Petition for leave to appeal was refused, in circumstances.

Muhammad Kabeer Khan vs Zia-ul-Islam, ASI S — 2025 MLD 1710 SUPREME-COURT-AZAD-KASHMIR

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