ISLAMABAD
Federal Constitutional Court (FCC) has maintained civil and criminal proceedings cannot run simultaneously in on e matter.
The court remarked the justice is feared to be affected due to contradictory decisions in civil and criminal cases. Therefore, if any case is pending hearing in civil court on ownership or documentary dispute then criminal court should wait for decision of civil court.
Justice Ali Baqar Najafi authored this decision in the case of former Education officer Bannu .
Proceedings was underway against former EDO and other officers on the charges of irregularities in appointment of teachers and appointment of teachers on bogus documents in the case. The matter of fake documents was already pending hearing in civil court while criminal proceedings was started against the officers separately. The FCC made it clear that determination of originality and legal status of controversial documents and certificates is mandate of civil court. No administrative or criminal proceedings can be initiated against the applicants before verification.
Initiation of criminal or administrative proceedings against them will be possible after civil court’s decision. The court remarked if civil and criminal case are deeply linked to one matter then there is room to stop criminal proceedings.
