AZHAR IQBAL vs STATE — 2026 SCMR 182 SUPREME-COURT

Case information

Citation: 2026 SCMR 182 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2026
Reporter: SCMR
Parties: AZHAR IQBAL vs STATE
Subject matter: Criminal
Provisions referred to: S. 7---Q; Anti-Terrorism Act (XXVII of 1997)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

AZHAR IQBAL VS STATE. Ss.302(b), 324, 337F(iii), 148 & 149---Anti-Terrorism Act (XXVII of 1997), S.7---Qanun-e-Shahadat (10 of 1984), Art.129 illustration (g)---Qatl-i-amd, attempt to commit qatl-i-amd, ghayr-jaifah mutafahimah, rioting armed with deadly weapons and terrorism---Re-appraisal of evidence---Benefit of doubt---Withholding of best evidence. Accused persons were convicted by Trial Court and sentenced to death, whereas thirteen co-accused persons were acquitted. High Court maintained conviction but altered sentence into imprisonment for life. Prosecution failed to produce report from concerned Court regarding installation or non-installation of CCTV cameras inside courtroom on the day of occurrence. Even CCTV footage from cameras installed in corridors outside courtroom was not produced to establish presence of accused persons at spot or their movement before and after occurrence. Prosecution claimed that CCTV cameras were out of order but no report of District Courts was produced in support of such assertion. Important piece of evidence was withheld by prosecution without valid justification, therefore adverse inference under Article 129(g) of Qanun-e-Shahadat, 1984 could validly be drawn against prosecution. A single circumstance creating doubt in prosecution story is sufficient to acquit accused. Supreme Court set aside conviction and sentence and acquitted accused persons as prosecution case was surrounded by serious doubts. Appeal was allowed.

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