Model Customs Collectorate, Islamabad v. Aamir Mumtaz Qureshi; compared with Altaf Yousuf v. The State

Case summary

The judgment in brief

A critical comparison of Pakistani judgments on whether an acquittal under Section 249-A or 265-K Cr.P.C. carries a double presumption of innocence.

Question of law

The legal question

Whether an acquittal at an intermediary stage under Section 249-A or Section 265-K Cr.P.C. carries the same double presumption of innocence as an acquittal after a full-fledged trial.

Court holding

What the Court decided

The authorities conflict. A three-member Supreme Court bench in 2022 SCMR 1861 held that the full-trial double-presumption rule does not apply to intermediary acquittals under Sections 249-A and 265-K. A later two-member bench in Altaf Yousuf applied double presumption to a Section 249-A order without discussing the larger-bench authority. Under the rules of precedent and bench strength, the 2022 rule should govern until reconsidered by a larger bench.

Result

Outcome and directions

In 2022 SCMR 1861, the premature acquittal was set aside and the matter remanded for evidence. In Altaf Yousuf, the later bench restored the Section 249-A acquittal on the facts. This commentary supports the earlier larger-bench rule while explaining how Altaf Yousuf may be confined to its exceptional facts.

Practical effect

What the decision means in practice

In 2022 SCMR 1861, the premature acquittal was set aside and the matter remanded for evidence. In Altaf Yousuf, the later bench restored the Section 249-A acquittal on the facts. This commentary supports the earlier larger-bench rule while explaining how Altaf Yousuf may be confined to its exceptional facts.

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