Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 42(2) , 25

  Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----S.42(2)---Azad Jammu & Kashmir Islamic Penal Laws Enforcement Act (IX of 1974); S.25---Offence of Zina (Enforcement of Hudood) Ordinance. (VII of 1979), S.10---Appeal to Supreme Court against acquittal or conviction order is competent even by the complainant or any other aggrieved party as, provisions of Criminal Procedure Code, 1898 do not apply to appeal to Supreme Court. Appeal--- ---- Right of appeal is a substantive right and the same cannot be regarded as a right of procedural nature---Until and unless such right is taken away retrospectively, it would not affect the jurisdiction of the Court to dispose of the appeal pending at the time of amendment according to law which was on statute book before the amendment.---[Jurisdiction---Interpretation of statutes]. Ghazi v. The State PLD 1962 Lah. 662; Hakim Muhammad Zaki v. Rehabilitation Commissioner, Hyderabad and Khairpur Divisions PLD 1962 Kar. 285 and Jamshed Ahmad Khan v. Aurangzeb Khan PLD 1964 Pesh. 250 ref. Azad Jammu and Kashmir Islamic Penal Laws Enforcement Act (IX of 1974)-- - ---Ss. 25 & 32---Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.10---Criminal Procedure Code (V of 1898), S.417---Appeal by the complainant or any other aggrieved party to the District Criminal Court or the Shariat Court is not competent against the order of acquittal---Only the State can lodge such an appeal. Per Sardar Said Muhammad Khan, J. [Minority view]-- Ghazi and others v. The State and another PLD 1962 Lah 662; Jamshed Ahmad Khan v. Aurangzeb Khan PLD 1964 Pesh. 250; Hakim Muhammad Zaki v. Rehabilitation Commissioner, Hyderabad and others PLD 1962 Kar. 285 ref. Per Raja Muhammad Khurshid Khan, CJ: - Interpretation of statutes--- ---- Words are not to be employed in a statute if there is no ambiguity.     Azad Jammu and Kashmir Islamic Penal Laws Enforcement Act (IX of 1974)-- - ---S. 32---Where the right of appeal is not given in the Act, the same omission is to be met or cured under S. 32 (2) of the Act Interpretation of statutes--- ---- Omission in a statute cannot, as a general rule, be supplied by…