Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 42(2),42-A

Law: Pakistan Penal Code, 1860

Section: 302(b)

Law: Criminal Procedure Code (V of 1898)

Section: 561-A,382-B

Law: Azad Jammu and Kashmir Supreme Court Rules, 1978

Section: O,XLIII,1,2,5

Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----Ss. 42(2) & 42-A---Azad Jammu and Kashmir Supreme Court Rules, 1978, O.XLIII, Rr.1, 2 & 5---Criminal Procedure Code (V of 1898), Ss.561-A & 382-B---Penal Code (XLV of 1860), S.302(b)---Qatl-e-amd---Absconsion of accused---Application for rehearing of appeal---Applicant/accused on completion of trial was absconded and was awarded sentence of life imprisonment---Accused who opted for absconsion for a period of about three years, filed an application under S.561-A, Cr.P.C. for treating it as appeal for setting aside the conviction order---Said application of accused having been dismissed up to Supreme Court, he had not filed any review petition and remained mum for a period of near about five years and thereafter he had filed application for revival and rehearing of appeal---Under the provisions of Azad Jammu and Kashmir Interim Constitution Act, 1974 and other relevant laws, Supreme Court was vested with appellate jurisdiction with the exception of revision against the order of Shariat Court under the provisions of S.25 of the Islamic Penal Laws Enforcement Act, 1974---Against the appellate or revisional orders, powers of review were also available subject to certain conditions, but neither the Constitution nor any other law had conferred the original jurisdiction on Supreme Court---Powers of the Supreme Court postulated under S.42-A of Azad Jammu and Kashmir Interim Constitution Act, 1974 were ancillary and residuary to the jurisdiction conferred on Supreme Court by the Constitution and the law, which were exercised in any case or matter pending before the court---Powers enumerated in said section, could only be exercised for doing complete justice in any case or matter pending before the Supreme Court---No independent application for rehearing or review of such past and closed case, was entertainable after final determination of matter by the Supreme Court in an appeal or review---Accused had clearly confessed in his application that he had left abroad without court's permission and that after a period of near about three years had approached the court---Such conduct of accused…

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