| Citation(s) |
|---|
| 1961 SLG 2147 1961 SLD 2147 = 1961 PLD 333 |
Lahore High Court
Criminal Appeal No. 376 of 1960, decided on 17th February 1961.
Presented By: Shabir Ahmad and Masud Ahmad, JJ
M. Sleem and Kamal Mustafa Bokhari for Appellants. M. Anwar Advocate-General and M. Iqbal for
Respondent. Dates, of hearing : 30th January and 1st February 1961.
Criminal Appeal No. 376 of 1960, decided on 17th February 1961.
Presented By: Shabir Ahmad and Masud Ahmad, JJ
M. Sleem and Kamal Mustafa Bokhari for Appellants. M. Anwar Advocate-General and M. Iqbal for
Respondent. Dates, of hearing : 30th January and 1st February 1961.
MOONDA AND OTHERS-Convict-Appellants
VERSUS
THE STATE-Respondent
Law: Constitution of Pakistan, 1956
Section: Art. 163
Constitution of Pakistan (1956), Art. 163-Interpretation of judgments and orders of Supreme Court-Words to be given their ordinary meaning unless other parts show that words have not the meaning they appear to have -Rule of interpretation not different from that applied to statutes-Supreme Court has "powers of supreme legislature" in its own field-Whether Supreme Court above error--Remedy in ease of error-Review ; or correction by law-maker-Supreme Court remitting case "to Sessions Court to be selected by High Court" and directing re-trial from point of conclusion of prosecution evidence -Held, case could be re-tried from point indicated, by Sessions Court selected by High Court, who may not necessarily be Sessions Judge who- had held original trial-Case tried by another Sessions Judge from point indicated and convictions recorded - Appeal to High Court-Case remanded by High Court Bench for trial de novo, holding that Supreme Court's direction could not have meant "otherwise"-Case heard de novo by another Sessions Judge and convictions recorded-Appeal to High Court heard by another Division Bench-Held, that proceedings to be dealt with in appeal were proceedings taken de novo on direction of former Division Bench in spite of fact that that Bench's interpretation of Supreme Court's direction was "not correct" Later Bench could not sit in judgment on interpretation of former Bench-Later Bench, however, giving to appellants benefit of defence evidence produced in course of partial re-trial on earlier occasion-Criminal Procedure Code (V of 1898), S. 350 Ibrahim v. The State P L D 1959 Lah. 715 and Ibrahim, v. The State S. C. A. No. 43 of 1960 ref.]. High Court-No power to review own judgments in criminal cases except to correct clerical errors or as provided specifically by law. High Court-Chief Justice's administrative order-Not open to scrutiny by High Court though its sanctity be not same as of a judicial order. Criminal Procedure Code (V of 1898), S. 417-Provincial Government appealing from acquittal of some only of acquitted accused-Does not amount to admission on part of…