Manzoor Hussain Awan vs Azad Jammu and Kashmir Ehtesab Bureau Ss — 2025 MLD 911 SUPREME-COURT-AZAD-KASHMIR

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Manzoor Hussain Awan VS Azad Jammu and Kashmir Ehtesab Bureau Ss. 419, 420, 467, 468 & 471---azad Jammu and Kashmir Ehtesab Bureau act (I of 2001), Ss. 10 & 11---Cheating by personation, cheating and dishonestly inducing someone to deliver property, forgery for valuable security, forgery for the purpose of cheating, use of a forged document as genuine, criminal breach of trust by public servant, corruption and corrupt practice---appreciation of evidence---accused were charged that they were involved in preparing forged certificates for getting promotion---Trial Court, after conducting necessary proceedings, acquitted the appellants while convicting co-accused---Convicted accused and the Ehtesab Bureau separately filed appeals before the High Court---High Court, after hearing the parties, clubbed the appeals, accepted them and remanded the case to the Trial Court for a fresh decision---Validity---Evidently, the main allegation against the appellants was that they abetted the main accused in securing a promotion based on a forged Intermediate Certificate---However, the record indicated that the main accused was initially appointed in 2003 as a Senior Clerk based on the same Intermediate Certificate---Subsequently, his promotion to the post of Senior Scale Stenographer (BS-14) was also based on the same Intermediate Certificate---Said promotion was granted on the recommendations of a Selection Committee---appellant, "M", merely issued the promotion order in routine after receiving approval from the Selection Committee---In criminal cases, particularly those involving allegations of corruption and corrupt practices, the existence of mens rea (criminal intent) was an essential element---Prosecution bore the burden of proving not only the involvement of the accused but also any illegal gain they might have received, either for themselves or for others, as a result of their actions---In this case, the prosecution had failed to prove any credible evidence to establish that the appellants gained any benefit for themselves, directly or indirectly, from the promotion of the main accused or that they acted with any unlawful intent---Mere issuance of a promotion order or the appellants' act to follow the procedural requirement in the matter, without any proof of corrupt intent or personal gain, did not fulfill the essential criteria for establishing criminal liability under the relevant statutes---Thus, the Trial Court's acquittal of the appellants appeared to be well-founded and the prosecution's failure to substantiate its allegations could not justify interference with their acquittal---appeal against acquittal of appellants was dismissed whereas the remand order with regard to convict was upheld, in circumstances.

Manzoor Hussain Awan vs Azad Jammu and Kashmir Ehtesab Bureau Ss — 2025 MLD 911 SUPREME-COURT-AZAD-KASHMIR

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