livelawpk.com - The Islamabad High Court (IHC) has dismissed a writ petition

The Concurrent Findings of Lower Courts limit the scope for interference by the High Court --- Islamabad High Court, Islamabad

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The Concurrent Findings of Lower Courts limit the scope for interference by the High Court --- Islamabad High Court, Islamabad

Islamabad 03-07-2024: The Islamabad High Court (IHC) has dismissed a writ petition challenging the acquittal orders issued by the Lower Courts. The judgment, delivered by Mr. Justice Tariq Mehmood Jahangiri, held that the petition was not maintainable under the law and reaffirmed the principles governing the issuance of writs of certiorari.

The writ petition, filed under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, sought to overturn the orders dated May 19, 2021, by the Additional Sessions East Islamabad and September 23, 2020, by Judicial Magistrate-30 Islamabad-East. The petitioner requested the Court to reject the respondent's application under Section 249-A of the Criminal Procedure Code (Cr.P.C) and remand the case back to the Trial Court for a summary trial.

The case originated from a complaint filed by respondent Bilal Faisal Amin at Police Station Bhara Kahu, Islamabad, alleging that the petitioner and others tried to dispossess him from his land and issued threats. After investigation, the police found the complaint baseless and initiated proceedings against the respondent under Section 182 of the Pakistan Penal Code (PPC) for providing false information.

The respondent’s application under Section 249-A Cr.P.C was accepted by the Judicial Magistrate, leading to his acquittal. The petitioner’s criminal revision petition against this acquittal was dismissed by the Additional Sessions Judge-II, East-Islamabad.

Mr. Justice Tariq Mehmood Jahangiri emphasized that concurrent findings of Lower Courts limit the scope for interference by the High Court. The Court cited several case laws to underscore that such findings can only be challenged on grounds of misreading or non-reading of evidence.

The judgment reiterated that a writ of certiorari is reserved for correcting errors of law or jurisdiction. It is not intended to review factual findings of Lower Courts but to address situations where Courts act without jurisdiction or violate principles of natural justice.

The IHC concluded that the petitioner failed to demonstrate any error of law or jurisdiction in the concurrent findings of the Lower Courts. Consequently, the writ petition was dismissed in limine as meritless. This judgment underscores the judiciary’s commitment to maintaining the integrity of Lower Court decisions and the stringent criteria for challenging such decisions through constitutional petitions.

Summary

The Islamabad High Court dismissed a writ petition by Hamayun Ashraf Awan challenging acquittal orders in a case involving false information. The court held the petition was not maintainable and emphasized the limited scope for interfering with concurrent findings of lower courts. Justice Tariq Mehmood Jahangiri reaffirmed the principles governing writs of certiorari. The judgment highlights the need for demonstrating errors of law or jurisdiction to overturn lower court decisions. The petition was dismissed as meritless.