Govt should ensure those filing false cases don’t escape justice: Supreme Court

Supreme Court Upholds Acquittal in 2007 Kidnapping Case, Highlights Legal System Concerns

ISLAMABAD: In a written decision, the Supreme Court of Pakistan has upheld the acquittal of individuals accused of kidnapping for ransom in a 2007 case, shedding light on broader concerns within the legal system.

The court’s observations underscored several key points:

1. Protection of Fundamental Rights: Judges have a responsibility to ensure the protection of fundamental rights of every person.
2. Judicial Integrity: Judges are bound by decisions on the Constitution and law without fear, pressure, and must uphold honesty.
3. Application of Law: The job of a judge is to apply the Constitution and law according to the facts of the case.
4. Judicial Vacancies: All vacant posts of judges across the country should be filled immediately.
5. Right to Justice: Cheap and prompt justice is a constitutional right of every citizen.
6. Impartiality: Judges should hear cases with an open mind.
7. Judicial Decisions: There are no doubts about the character of a judge, and there can be many reasons for delivering wrong decisions.
8. Accountability: There should be no exception for a judge who pronounces a decision against facts and the law.
9. Fair Trial: It is the responsibility of the trial court to ensure a fair trial under articles 9 and 10A of the Constitution.
10. Investigation Flaws: Due to poor investigation, many criminals get away and the innocent are punished.
11. Witness Protection: Lack of any mechanism to protect witnesses is a major reason for non-cooperation.
12. Compensation: There is no mechanism to compensate the accused for the years spent in jail and their legal costs.

The eight-page judgment, authored by Justice Jamal Khan Mandokhel, addressed the case registered against the suspects in 2007 on charges of kidnapping for ransom in Bahawalnagar. The trial court convicted the accused in 2011, but the high court acquitted them in 2015. The Supreme Court dismissed an appeal against the acquittal on October 27 last year.

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The decision not only reaffirms the principles of justice but also highlights the need for systemic improvements to ensure fair trials and uphold the rights of all individuals within the legal framework.