ISLAMABAD (Azmatullah): The Supreme Court of Pakistan on Thursday quashed the 2000 conviction of former Federal Minister for Petroleum, Anwar Saifullah Khan, accepting a review petition against a previous majority verdict delivered on January 20, 2016.
In a written verdict authored by Justice Salahuddin Panhwar, the apex court restored the Lahore High Court’s June 13, 2002, acquittal, reaffirming that once a High Court acquits an accused, the presumption of innocence becomes doubly strong and should only be interfered with in exceptional circumstances.
The court ruled that the application of the NAB Ordinance of 1999 to charges dating back to 1996 was constitutionally invalid, citing Article 12 of the Constitution, which strictly prohibits retroactive punishment.
The bench noted that the NAB Ordinance carried more severe penalties than the laws in place at the time of the alleged acts, stating that no person can be punished more severely than what the law prescribed on the day the act was committed.
Regarding the allegations of illegal appointments in the OGDCL, the Supreme Court found that the prosecution failed to present any evidence of bribery, personal gain, or damage to the national exchequer.
The verdict clarified the distinction between administrative negligence and criminal liability, stating that mere procedural errors or administrative irregularities do not constitute criminal malice.
The court observed that Khan had made the appointments in accordance with departmental traditions and open records. Concluding that there was no solid legal basis for the 2016 reversal of his acquittal, the court maintained that it is the duty of the judiciary to correct clear errors on the record to ensure justice is upheld.
