IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
 
PRESENT: 
Mr. Justice Mazhar Alam Khan Miankhel 
Mr. Justice Qazi Muhammad Amin Ahmed 
 
 
Criminal Petition No.622 of 2020  
(Against the judgment dated 28.01.2020 passed by 
the Islamabad High Court Islamabad in Crl. Misc. 
No.19--B/2020) 
 
Imran Abbas 
 
…Petitioner(s) 
 
 
 
 
 
Versus 
 
The State & another   
 
…Respondent(s) 
 
 
For the Petitioner(s): 
Ms. Bushra Qamar, ASC 
 
Syed Rifaqat Hussain Shah, AOR 
 
For the Respondent(s): 
Mr. Niazullah Khan Niazi,  
 
Advocate General, Islamabad Capital  
 
Territory  
 
M. Sarfraz, SSP with Abdul Jabbar, I.O. 
 
Date of hearing: 
10.07.2020. 
 
 
 
 
 
 
ORDER 
 
 
      Qazi Muhammad Amin Ahmed, J.- Maria Mughal, deceased, 
was done to death within the safety of her dwelling allegedly, by Imran 
Abbas, petitioner herein, no other than her former husband; her younger 
sister Ms. Talal Sahr witnessed the occurrence that occurred at 2:00 p.m. 
on 15.8.2019; solitary fire shot in the skull has been blamed as cause of 
death; upon petitioner’s disclosure, a .30 caliber pistol was recovered from 
the petitioner on 31.8.2019. The petitioner moved Court of Session 
Islamabad (West) for admission to bail on the basis of an affidavit 
purportedly sworn by the complainant wherein she exonerated him from 
the charge; it appears from the record that the complainant presented 
herself before Mr. Basit Aleem, learned Addl. Sessions Judge Islamabad 
(West) to affirm the contents of the affidavit; the learned Addl. Sessions 
Judge, however, and wisely so, viewed the move as the one calculated to 
subvert the prosecution evidence and declined the request. A learned 
Judge-in-Chamber upheld the dismissal. The issue came up before us on 
Criminal Petition No.622 of 2020 
  
 
2
8.7.2020; surprised by a sudden somersault, that too, in a manner, too 
crude to be viewed as plausible, we sent for the Superintendent of Police; 
he is in attendance along with the Investigating Officer; the former states 
that the complainant after the incident had sought refuge in a public 
sanctuary (Dar-ul-Aman) whereafter she of own accord left for her village. 
We are at a loss to understand as to what weighed with the complainant to 
substitute “unknown dacoits”  as the assassins of her sister through the 
affidavit dated 03.10.2019 while she had unambiguously blamed her 
former brother-in-law for the cold blooded incident through a written 
application moved just as close as on 15.8.2019.  
2. 
 
Be that as it may and without prejudice to the petitioner’s right 
for a fair trial to be settled, on the strength of evidence alone with all 
statutory/procedural safeguards, we, in circumstances, consider it 
expedient to direct the Inspector General of Police Islamabad Capital 
Territory to ensure safe conduct throughout to Ms. Talal Sahr complainant 
so as to enable her to appear before the Court to adduce her evidence 
without let, hindrance or duress. It goes without saying that for effective 
and meaningful administration of criminal justice, witness protection is a 
sine qua non and as such a bounden responsibility is cast upon the State 
to be discharged through its functionaries to safeguard vulnerable 
witnesses in order to ensure that stream of justice runs pure and clean 
with scales strictly held in balance. Learned trial Judge is directed to 
proceed with the trial with all convenient dispatch to preferably conclude it 
before the fall of October, 2020. Chief Commissioner Islamabad is directed 
to depute a diligent and capable Law Officer to prosecute the State case; 
he shall also consider the desirability of a trial in jail premises, if need be. 
Compliance reports regarding steps taken be submitted for our perusal in 
the chambers.  
3. 
 
Learned counsel for the petitioner, upon reconsideration, has 
opted to withdraw the petition; dismissed as withdrawn.  
 
 
Judge 
 
 
 
Judge 
Islamabad, the 
10th July, 2020 
Not approved for reporting 
Azmat/- 
