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Illegal Dispossession Act, 2005: Islamabad High Court Upholds the Continuation of Trial Despite of Accused's Death

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Illegal Dispossession Act, 2005: Islamabad High Court Upholds the Continuation of Trial Despite of Accused's Death --- IHC

Islamabad 18-05-2024: In a recent judgment, the Islamabad High Court upheld the continuation of trial proceedings under the Illegal Dispossession Act, 2005, despite the demise of one of the accused person. The Honourable Judge of Islamabad High Court, Mr. Justice Arbab Muhammad Tahir, while rendering judgment in [Crl. Revision No. 104 of 2023] observed that the learned ASJ Islamabad (East) rightly dismissed the petitioner's application seeking abatement of the entire proceedings following the death of his father, one of the accused, and the declaration of two others as proclaimed offenders.

The dispute revolves around a 17 Marla land/house in Mauza Hamak, Zone V, Islamabad, with Haji Abdul Khaliq Awan filing a complaint under the Illegal Dispossession Act, 2005, against Muhammad Aslam Malik, Malik Touqeer, and Fazal Inaam Sabir on 19.10.2015. Initially acquitted, the accused faced a remand for a fresh trial on 10.06.2022. However, Aslam Malik and Malik Touqeer absconded and were declared proclaimed offenders, while proceedings against Fazal Inaam Sabir were abated due to his demise. The petitioner's plea to abate the proceedings entirely was dismissed by the Trial Court, prompting the petitioner to appeal. The Court, in its observations, reiterated the objectives of the Act of 2005, which aims to prevent property grabbing and safeguard lawful property owners. Notably, the Act incorporates provisions from the Code of Criminal Procedure, 1898, with specific overriding clauses.

According to the Scheme of law, the Sections 3, 7, and 8 of the Act were particularly emphasizing penalties for illegal possession, interim relief during trial, and final restoration of possession post-trial. The Court emphasized that the Act's provisions maintain an overriding effect, ensuring the rightful owners regain their property regardless of the accused's demise. Despite the petitioner's claims of property interest and alleged violations of their right to a fair trial, the Court found no merit in their arguments. It pointed out that the petitioner had been afforded opportunities for participation in the trial proceedings, including cross-examination.

The Court's decision underscores the significance of property rights enshrined in the Constitution, ensuring due process in legal proceedings. It navigates the complexities of property law, particularly concerning dispossession and control, while upholding the petitioner's right to a fair trial. The judgment reaffirms the principle that the continuation of proceedings post-accused's death is permissible, particularly in cases involving the Illegal Dispossession Act, 2005. The Court's decision sets a precedent for trial continuation even in the absence of all accused parties, guided by the provisions of the Act and relevant legal frameworks.

In conclusion, the petition was dismissed, affirming the Trial Court's decision to continue the proceedings despite the accused's demise. This ruling underscores the importance of adherence to legal procedures and the overriding objective of justice in property disputes under the Act of 2005.