| Citation(s) |
|---|
| 2017 SLG 1322 2017 SLD 1322 2017 SCMR 1218 |
Supreme Court of Pakistan
Civil Appeals Nos. 2561 to 2568 of 2016 and Civil PetitionsNos. 2779-L to 2785-L, 2793-L, 3182-L, 3183-L, 3224-L,3225-L, 3328-L, 3253-L, 3299-L, 3300-L, 3345-L, 3553-L to3557-L of 2016 and Criminal Petition No. 1050-L of 2016,decision Date : 15-05-201
UMAR ATA BANDIAL, JUSTICE, FAISAL ARAB, JUSTICE
Shahid Ikram Siddiqi, Advocate Supreme Court for Appellants (in C.A. 2561 of 2016).Shahid Ikram Siddiqi, Advocate Supreme Court for Petitioners (in C.Ps. 3182, 3183, 3224, 3225, 3228, 3299, 3300-L/16) (did not appear on 01.03.2017)Salman Aslam Butt, S
Civil Appeals Nos. 2561 to 2568 of 2016 and Civil PetitionsNos. 2779-L to 2785-L, 2793-L, 3182-L, 3183-L, 3224-L,3225-L, 3328-L, 3253-L, 3299-L, 3300-L, 3345-L, 3553-L to3557-L of 2016 and Criminal Petition No. 1050-L of 2016,decision Date : 15-05-201
UMAR ATA BANDIAL, JUSTICE, FAISAL ARAB, JUSTICE
Shahid Ikram Siddiqi, Advocate Supreme Court for Appellants (in C.A. 2561 of 2016).Shahid Ikram Siddiqi, Advocate Supreme Court for Petitioners (in C.Ps. 3182, 3183, 3224, 3225, 3228, 3299, 3300-L/16) (did not appear on 01.03.2017)Salman Aslam Butt, S
SYED MUSHAHID SHAH AND OTHERSVSFEDERAL INVESTMENT AGENCY AND OTHERS
Law: Pakistan Penal Code, 1860
Section: 1(2),5(1),5(2),29(1)
Law: Offences in Respect of Banks (Special Courts) Ordinance (IX of 1984)
Section: 4,12
Law: Federal Investigation Agency Act, (VIII of 1974)
Section: 3(1)
Law: Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)
Section: 4,7(4),7(5)(a),20
(a) Law--- ----'General' and 'Special' law---Scope and distinction---General law was one that was unrestricted in terms of its applicability to all issues covered by its subject matter, whereas special law may be restricted to certain localities, persons or types of cases---Whether a law was general or special depended on the particular features of the statute in issue and was ultimately a question of relativity between two or more statutes on the common subject matter. (b) Penal Code (XLV of 1860)--- ----Ss. 1(2) 5---Criminal Procedure Code (V of 1898), Ss. 1(2), 5(1), 5(2) 29(1)---General law---Scope---Pakistan Penal Code, 1860 and Criminal Procedure Code, 1898 were both general law and would cede to any special law. (c) Interpretation of statutes--- ----Non obstante clause---Scope and definition---Non obstante clause was a phrase used in documents to preclude any interpretation contrary to the stated object or purpose. Principles of Statutory Interpretation (13th Ed.); Packages Limited through General Manager and others v. Muhammad Maqbool and others PLD 1991 SC 258 and Muhammad Mohsin Ghuman and others v. Government of Punjab through Home Secretary, Lahore and others 2013 SCMR 85 ref. (d) Interpretation of statutes--- ----'General' and 'Special' law---Where there was a conflict between a special law and a general law, the former would prevail over the latter. Muhammad Mohsin Ghuman and others v. Government of Punjab through Home Secretary, Lahore and others 2013 SCMR 85 ref. (e) Interpretation of statutes--- ----Conflict between two laws providing different punishments for the same offence---Law providing greater punishment must relent in favour of the law ordaining the lesser punishment. (f) Interpretation of statutes--- ----'Special law'---Conflict between two special laws containing overriding clauses---When there were two special laws both of which contained overriding clauses, and there was a conflict between them, generally the statute later in time would prevail over the statute prior in time---Said presumption, however, was not automatic, instead a host of other factors including the object, purpose and policy of both statutes and the legislature's…