Islamabad High Court raises concern over misuse of criminal law in monetary disputes
ISLAMABAD: Expressing concern over the growing misuse of criminal law to settle civil monetary disputes, the Islamabad High Court has granted post-arrest bail to a citizen, observing that the mere use of the word ‘amaanat’ (trust) by a complainant cannot transform outright financial advances and the voluntary handing over of a vehicle into a criminal breach of trust. Justice Shahrukh Arjumand…
The Islamabad High Court has raised concerns over the misuse of criminal law in civil monetary disputes, granting post-arrest bail to Taimoor Amir. Amir was charged under Sections 406 and 411 of the Pakistan Penal Code for allegedly misappropriating Rs882,000 and a Scooty worth Rs300,000 entrusted to him as amaanat. However, the court noted that the complainant, Dr Fatima Younas, had sold mobile phones, made cash and bank transfers, and voluntarily handed over the Scooty to Amir.
The bench emphasized that the mere use of the term 'amaanat' cannot transform financial advances into a criminal breach of trust. Justice Shahrukh Arjumand observed that Section 405 of the Penal Code was increasingly being invoked in purely civil matters, such as business disputes, to expedite recovery or pressure opposing parties, which undermines civil remedies and overburdens the criminal justice system.
The court further distinguished between criminal breach of trust and receiving stolen property, emphasizing that the Scooty's status as "stolen property" was not automatically conferred merely because Amir failed to return it. The trial court was directed to assess the adequacy of bail bonds, with the petitioner required to furnish Rs100,000 with one surety in the same amount.
Written by urgent.news from Dawn - Pakistan's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
