Federal Constitutional Court of Pakistan
Chairperson TEVTA v. Shahid Saleem and others
Published on this website
C.P.L.A. 1333/2025
Citation: Citation not provided
Background
Background
In TEVTA v. Shahid Saleem, the FCC set aside a High Court ceiling on punishment after a fresh inquiry, stressing the evidence, reasons and opportunity of defence.
Legal questions
Legal questions
Fresh PEEDA Inquiry Can Support a Harsher Penalty on New Facts or Evidence: FCC
Court holding
What the Court decided
The competent authority is not bound by an earlier penalty where new facts or evidence supporting a different conclusion emerge in a lawful de novo inquiry. A major penalty requires proper inquiry and full opportunity of defence.
Final outcome
Final outcome
Petition converted into an appeal and allowed; Lahore High Court judgment of 13 March 2025 set aside.
Practical effect
What the decision means in practice
Petition converted into an appeal and allowed; Lahore High Court judgment of 13 March 2025 set aside.
This summary states the immediate effect recorded in the decision. The original judgment and the facts of the particular case remain controlling.
Key legal principles
Key legal principles
- The competent authority is not bound by an earlier penalty where new facts or evidence supporting a different conclusion emerge in a lawful de novo inquiry. A major penalty requires proper inquiry and full opportunity of defence.
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Original judgment and official source
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Later treatment
Later treatment
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Related article
Related article
In TEVTA v. Shahid Saleem, the FCC set aside a High Court ceiling on punishment after a fresh inquiry, stressing the evidence, reasons and opportunity of defence.
Read the related article →