| Citation(s) |
|---|
| 1973 SLG 246 1973 SLD 246 1973 PLD 469 |
Supreme Court of Pakistan
Criminal Appeal No. 96 of 1970, decided on 30th March 1973. dates of hearing: 12th and 13th March 1973. (On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 19th September 1969, in Criminal Appeal No. 526 of 1968/Mu
HAMOODUR RAHMAN, C.J., MUHAMMAD YAQUB ALI, SAJJAD AHMAD, WAHEEDUDDIN AHMAD, SALAHUDDIN AHMED AND ANWARUL HAQ, JJ
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Criminal Appeal No. 96 of 1970, decided on 30th March 1973. dates of hearing: 12th and 13th March 1973. (On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 19th September 1969, in Criminal Appeal No. 526 of 1968/Mu
HAMOODUR RAHMAN, C.J., MUHAMMAD YAQUB ALI, SAJJAD AHMAD, WAHEEDUDDIN AHMAD, SALAHUDDIN AHMED AND ANWARUL HAQ, JJ
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NOORA AND ANOTHER
VS
THE STATE
Law:
Section:
(b) Privy Council-Appraisement of evidence in criminal matters-Practice and development of rules. R. v. Bertrand (1867) L R 1 P C 529; In re: Abraham Mallory Dillet 1887 L R 12 A C 459; Arnold v. King-Emperor L R 1914 A C 644; La Cite De Montreal v. Les Ecclesiastiques Du Seminaire De St. Sulpice De Montreal 1889 L It 14 A C 660; Vaithinatha Pillai v. King-Emperor L R 40 1 A 193; Louis Edouard Lanier v. The King L R 1914 A C 221; Dennis Remain Renouf v. Attorney-General for Jersey A 1 R 1936 P C 160; Dal Singh v. King-Emperor A I R 191.7 P C 25 and Sm. Bibhabati Devi v. Romendra Narayan Roy AIR 1947PC 19 ref. (c) Federal Court- Appraisement of evidence in criminal matters-Jurisdiction and practice. Sarfaraz All Khan v. Crown P L D 1951 F C 41; Dilawar v. Crown P L D 1952 F C 108 ; Muhammad Sarfaraz Khan v. The Crown P L D 1953 F C 317 and Khuda Bakhsh v. The Crown P L D 1955 F C 318 ref. (d) Constitution of Pakistan (1956), Arts. 159 & 160-Constitulion of Pakistan (1962), Art. 58-Constitution of Pakistan (1972), Art. 186 - Supreme Court- Appellate criminal jurisdiction-Extent of powers-Supreme Court an appellate Court even in criminal matters after enforcement of Constitution Acts-No analogy subsisted between Supreme Court on one hand and Privy Council and Federal Court on another--Supreme Court, at apex of judicial system in country, armed with all powers of Court of appeal without any limitation whatsoever-Decisions of Privy Council and Federal Court circumscribing their own jurisdictions by self-imposed restrictions-No longer relevant in context of jurisdiction conferred by Constitution. On enforcement of the Constitution Act of 1956 the Supreme Court did become an appellate Court even in criminal matters and there was no longer any analogy between it and the Privy Council or the Federal Court. It was the highest Court at the apex of the judicial system in the country and it was armed with all the powers of a Court of Appeal without any limitations whatsoever. Therefore, the decisions of the Privy Council or the Federal Court circumscribing their own jurisdiction by self imposed restrictions necessitated both by the extraordinary nature of the…
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