Law: Constitution of Pakistan, 1973

Section: 13

Law: Criminal Procedure Code, 1898

Section: 403

(a) Constitution of Pakistan (1973)---- Art. 13 read with Criminal Procedure Code (V of 1898), S. 403-Word "prosecution"-Meaning.-[Words and phrases).The word "prosecute" is derived from a Latin word and signifies not only "to follow", but "to follow", "intensively" without intermission ; thus, to follow or pursue with. a view to reach, execute or accom�plish.Corpus Juris Secundum ; Stroud's Judicial Dictionary ; Webster's New International Dictionary, 2nd Edn., and Oxford English Dictionary ref.(b) Constitution of Pakistan (1973)--- Art. 13 read with Criminal Procedure Code (V of 1898), S. 403 and Evidence Act (I of 1872), S. 132-Maxim : autrefois convict and aturefois acquit-Protection against double punishment-Word "pro�secution" in Art. 13-Includes commencing, conducting, and carrying a suit to a conclusion in a Court of justice-Fresh prosecution for same offence barred only where prosecution finally concluded and ended either in acquittal or conviction-Petitioner in first instance tried by Mili�tary Court, later on lifting of Martial Law case tried by a Magistrate and lastly ordered to be transferred to Sessions Court-Prosecution in none of such forums pursued to end-Petitioner's trial, held, in no way derogatory to principles of autrefois acquit or autrefois convict or violative of Art. 13 of Constitution.-[Maxim-Words and phrases].Begun, Nusrat Bhutto v. Chief of Army Staff P L D 1977 S C 657 and M. Monir's Commentary on Constitution of the Islamic Republic of Pakistan ref.Ch. Muhammad Hussain, Advocate Supreme Court instructed by Sh. Abdul Karim, Advocate-on-Record for Petitioner.Nemo for Respondents.Date of hearing : 18th March 1976.ORDER NASIM HASAN SHAH, J.-This petition is directed against the order dated 26-10-1977 of a learned Single Judge of the Lahore High Court, dismissing in limine the petitioner's Writ Petition No. 110 of 1977. The petitioner, a Sub-Inspector of Police, and two others were accused of torturing a person while in police custody, as a result of which the latter died subsequently. Initially a case under section 330/342,, P. P. C. was registered against the accused,. but the offence under section 304, P. P. C. was…