| Citation(s) |
|---|
| 2018 SLG 724 2018 SLD 724 2018 PLD 351 |
Criminal Appeals Nos. 1-K to 3-K of 2018 converted into Suo Motu case No. 1 of 2018, hearing of Dates: 31st January and 01-02-2018. Against the order Dated 28-11-2017 of the High Court of Sindh, Karachi passed in Special Criminal A.T.A. Nos. 25, 24 and 19 of 2013, Criminal Revision Application No. 40 of 2014 and Confirmation Case No. 1 of 2013)
ASIF SAEED KHAN KHOSA, JUSTICE, MAQBOOL BAQAR, JUSTICE
Faisal Siddiqui, Advocate Supreme Court for Appellants (in all appeals). Zafar Ahmed Khan, Additional Prosecutor-Geneal, Sindh with Mukhtar Ahmed DSP, Praidi, Karachi for
Respondent No. 1/State (in all appeals). Sardar Muhammad Latif Khan Khosa, Senior Advocate Supreme Court with
Respondent No. 2 in person (in Cr.A.No. 1-K of 2018). Syed Iqbal Hussain Gillani, Advocate Supreme Court for
Respondent No. 2 (in Cr.A. No. 2-K of 2018. Farooq H. Naek, Senior Advocate Supreme Court, Mehmood Akhtar Qureshi, Advocate Supreme Court with
Respondents Nos. 2 and 3 in person (in Cr.A.No. 3-K of 2018). Ashtar Ausaf Ali, Attorney-General for Pakistan On Courts notice (in all appeals).
MUHAMMAD JIBRAN NASIR AND OTHERS
VS
THE STATE AND OTHERS
Law:
Section:
(a) Constitution of Pakistan--- ----Art. 184(3)---Suo motu jurisdiction of the Supreme Court---Scope---Suo motu notice of a criminal case taken up by the Supreme Court---After Supreme Court had disposed of such suo motu case, there was no impediment in taking suo motu notice (again) of any subsequent development in the same case. (b) Constitution of Pakistan --- ----Art. 184(3)---Suo motu jurisdiction of the Supreme Court---Scope---Jurisdiction of the Supreme Court under Art. 184(3) of the Constitution was an independent original jurisdiction which was not affected by pendency of any matter on the same subject matter before any other court or forum or even by a prior decision of the same issue by any other court or forum below. [ Muhammad Yasin v. Federation of Pakistan through Secretary, Establishment Division, Islamabad and others PLD 2012 SC 132; Miss Benazir Bhutto v. Federation of Pakistan and others PLD 1988 SC 416; Mian Muhammad Nawaz Sharif v. President of Pakistan and others PLD 1993 SC 473; Suo Motu Case No. 10 of 2009 (2010 SCMR 885); Shahid Orakzai v. Pakistan through Secretary Law, Ministry of Law, Islamabad PLD 2011 SC 365; Khawaja Muhammad Asif v. Federation of Pakistan and others PLD 2014 SC 206 and Jamshoro Joint Venture Ltd. and others v. Khawaja Muhammad Asif and others 2014 SCMR 1858 ref. (c) Anti-Terrorism Act (XXVII of 1997) --- ----S. 7(a)---Penal Code (XLV of 1860), Ss. 302(b), 34 & 109---Constitution of Pakistan, Art. 184(3)---Act of terrorism, qatl-i-amd, common intention, abetment---Whether Anti-Terrorism Court had jurisdiction in a case---Accused persons were convicted and sentenced by the Anti-Terrorism Court for an offence under S. 7(a) of the Anti-Terrorism Act, 1997 read with Ss. 302, 109 & 34, P.P.C.---High Court remanded the case to a court of ordinary jurisdiction for a de novo trial because, according to the High Court, the case was not one of terrorism and, therefore, an Anti-Terrorism Court had no jurisdiction to try the same; held, that while passing the impugned order the High Court had ignored some important decisions of the Supreme Court, the Anti-Terrorism Court and of the High Court itself passed in the…
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