ISLAMABAD   -  Chief Justice of Pakistan Qazi Faez Isa, expressing deepest regrets in deciding a murder and zina case after six years, Friday said that the judges must be mindful of their duty to provide expeditious justice.

A five-member Shariat Appellate Bench of Supreme Court, chaired by CJP Qazi Faez Isa, and comprising Justice Naeem Akhtar Afghan, Justice Shahid Bilal Hassan, Dr Muhammad Khalid Masud and Dr Qibla Ayaz Friday conducted hearing of an appeal against the Federal Shariat Court judgment dated 24.01.2012.

The bench acquitted appellant Imran alia Mani of all charges levelled against him arising out of the case, being FIR No. 106/03, dated 29 May 2003, registered at Police Station Ahmed Nagar, Wazirabad, and ordered to release him forthwith, if not required to be detained in any other case.

Additional Sessions Judge, Wazirabad, on 27th May 2004 had convicted and sentenced the appellant to death on two counts, respectively for the murder of Muhammad Siddique, aged about 70 years, and Ghulam Sakina, aged about 65 years.

The Federal Shariat Court, Islamabad, through a judgment 24-01-2012 upheld the trial court convictions and maintained the sentences of the appellant.

The appellant was also convicted under section 10(2) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (‘the Ordinance’) for committing zina with co-accused, namely, Memona, and sentenced to rigorous imprisonment for seven years. The co-accused, Memona, was granted bail on 14 October 2004 by the Federal Shariat Court, but then she disappeared and her appeal (Criminal Appeal No. 165/L of 2004) was separated from that of the appellant.

The appellant then approached the Supreme Court, which granted leave to appeal on 18 September 2018, but it was decided on August 8, 2024, after almost six years.

The Chief Justice in the judgment expressed his deepest regrets over such delay. The court observed that faulty and defective investigations and resultant prosecutions not only heap misery on the accused and his family but also on the family of victims, and leave crimes unaccounted.

“This travesty could have been avoided if the investigators and prosecutors had done a better job. Judges must also be mindful of their duty to provide expeditious justice. Unfortunately, this Court remained inactive for a considerable time, which is something not envisaged by the Constitution of the Islamic Republic of Pakistan. Moreover, this Court must always be available to hear criminal cases, and the available Judges of the Supreme Court to work as Members of this Court, including during summer vacations,” said the judgment.

It also said; “We are dismayed by the utter lack of professionalism of the investigators and the prosecution of the murder of the deceased. The prosecution had completely failed to establish its case, let alone met the required test of beyond reasonable doubt. Therefore, the convictions and resultant sentences of the appellant cannot be sustained and the impugned judgment and that of the Trial Court are set aside by allowing this appeal.” The appellant was acquitted of all the charges.