Federal Constitutional Court of Pakistan

Bakhtullah Shah and others; Mrs. Syeda Anjum, Ex-DEO (Female), Bannu v. Government of Khyber Pakhtunkhwa through Chief Secretary and others

Published on this website

C.P.L.A. Nos. 1560 and 1971 of 2025

Citation: Approved for reporting; reported citation not stated in supplied copy

Pakistan | Constitution of the Islamic Republic of Pakistan, 1973 | Article 175-F(2)Pakistan | Code of Criminal Procedure, 1898 | Section 561-APakistan | Khyber Pakhtunkhwa Anti-Corruption Establishment Rules, 1999 | Rules 4(2)(b), 4(4)(b) and 9

Background

Background

The Federal Constitutional Court held that criminal and departmental proceedings must await a civil court where liability depends on the genuineness of disputed documents.

The dispute arose from female Theology Teacher and Arabic Teacher appointments in Bannu. Earlier High Court proceedings placed the genuineness of disputed educational certificates before the Civil Court. Education officers later challenged a 17 January 2024 approval permitting the Anti-Corruption Establishment to register an FIR and arrest officials connected with the recruitment process.

Questions of parallel civil, criminal and departmental proceedings

Whether criminal and departmental proceedings based on alleged bogus educational certificates could proceed before the Civil Court decided the certificates' genuineness under earlier High Court directions.

Court holding

What the Court decided

Ordinarily, connected civil litigation does not postpone criminal proceedings. The exception applies where criminal liability depends upon, or is so intimately connected with, the civil determination that proceeding first creates a danger of conflicting findings, grave injustice, prejudice, or abuse of process. On these facts, both criminal and administrative proceedings had to await the Civil Court's decision on the disputed documents.

Final outcome

Final outcome

The petitions were converted into an appeal and disposed of with a direction that criminal or administrative proceedings against the petitioners could be initiated only after the Civil Court decided the veracity of the disputed documents and then in accordance with law.

Practical effect

What the decision means in practice

The petitions were converted into an appeal and disposed of with a direction that criminal or administrative proceedings against the petitioners could be initiated only after the Civil Court decided the veracity of the disputed documents and then in accordance with law.

This summary states the immediate effect recorded in the decision. The original judgment and the facts of the particular case remain controlling.

Pakistan relevance

Pakistan relevance

Counsel seeking a stay should identify the precise common issue, show that it is foundational rather than incidental, establish the real risk of inconsistent findings or prejudice, and address why the civil proceedings are bona fide. Merely describing an allegation as civil in nature is insufficient.

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Later treatment

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The decision is approved for reporting and was uploaded by the Federal Constitutional Court on 2 September 2026. This page does not state a reported citation or claim to record later judicial treatment. Verify the official record before formal reliance.

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Judgment of Justice Ali Baqar Najafi13 paragraphs

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