LAHORE: The Lahore High Court on Friday ruled that a criminal liability does not pass to the legal heirs of a deceased person.
In a 10-page order issued by Justice Muhammad Shan Gul, the court ruled that a criminal case under section 489-F (dishonor of a cheque) cannot be lodged against the sons after the death of their father.
“Article 3 of the Constitution prohibits the exploitation and oppression of citizens. No citizen is responsible for another’s crime, the judgment said.
The court further ruled that in all the laws of the world, only the perpetrator is considered guilty. No one can be punished for another’s crime, even the parents.
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Saeed Akhtar has moved a petition for registration of a case against Chaudhry Zahid and Khizr, stating that their father Zahid Iqbal had purchased agriculture machinery from him and gave a cheque of Rs.1.1 million which was presented in the bank but the same was dishonored.
The petition pointed out that after Zahid’s death, a criminal case should be registered against his sons. The court rejected his plea to register a case against sons after the death of their father, observing that criminal liability does not shift to the legal heirs as the same cannot be done in case of civil liability.
Earlier, the police had submitted a report before the Justice of Peace (a sessions judge) and stated that the bank account was in the name of the father who had passed away.
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The Justice of Peace, after reviewing the report, had rejected the request for registration of the case.
The petitioner challenged the decision of Justice of Peace in the Lahore High Court
The original check shows that the father had signed it and there was no written agreement between the petitioner and the father of the sons, Justice Gul concluded in order.
