Supreme Court Upholds Conviction in Islamabad Fatal Road Accident Case Affirming that Petitioner's Actions met the Legal Criteria for Rash and Negligent Driving under Pakistani Law.

Islamabad 19-07-2024: In a recent judgment, the Supreme Court of Pakistan upheld the conviction of petitioner, who was found guilty of causing a fatal road accident on November 30, 2014. The decision was reached by a majority, with Mr. Justice Jamal Khan Mandokhail and Mr. Justice Malik Shahzad Ahmad Khan concurring and dissented by Ms. Justice Ayesha A. Malik.

The accident occurred on Kashmir Highway, Islamabad, when a rashly driven Land Cruiser, driven by the petitioner, collided with a Suzuki Mehran at a red-light signal. The crash resulted in fatal injuries to Javed Akhtar Qazi and his son, Shoaib Akhtar, who succumbed to their injuries on December 4 and 6, 2014, respectively.

The petitioner was initially convicted by the Judicial Magistrate, Islamabad (West), and the conviction was subsequently upheld by the Additional Sessions Judge and the Islamabad High Court. The sentences included:

Under Section 279 PPC: 8 months imprisonment and a fine of Rs. 3000.

Under Section 427 PPC: 1 year imprisonment and a fine of Rs. 100,000.

Under Section 320 PPC: 2 years imprisonment and payment of Diyat amounting to Rs. 8,637,048.

The petitioner challenged the decisions, arguing his innocence and attributing the accident to unavoidable circumstances rather than rash driving. However, the prosecution, supported by multiple witnesses, maintained that the petitioner was driving negligently.

The Supreme Court, in its majority opinion, emphasized the validity of the evidence presented by the prosecution, including eyewitness testimonies and police reports. The Court noted that the petitioner admitted to driving the vehicle but claimed the accident was beyond his control. The Court found this argument insufficient to overturn the previous convictions.

Ms. Justice Ayesha A. Malik dissented, raising concerns about the delay in filing the FIR and the absence of eyewitness identification of the petitioner in the FIR. It is observed that the evidence was not conclusive enough to prove rash and negligent driving beyond a reasonable doubt.

Despite the dissenting opinion, the Supreme Court upheld the previous convictions, affirming that petitioner's actions met the legal criteria for rash and negligent driving under Pakistani law. The petitioner remains convicted and will serve his sentences as originally determined by the Lower Courts.

This judgment reaffirms the Court's stance on holding individuals accountable for reckless driving and emphasizes the importance of adhering to traffic laws to prevent such tragic incidents.

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