| Citation(s) |
|---|
| 1963 SLG 3386 = 1963 SLD 3386 = 1963 PLD 226 |
Supreme Court of Pakistan
Criminal Appeal No. 12 of 1962 and 4 other petitions decided on 1st March 1963.
Presented By: A. R. Cornelius, C. J., S. A. Rahman, Fazle-Akhar, B. Z. Kaikaus and Hamoodur Rahman, JJ
Nasim Hasan Shah Advocate Supreme Court instructed by Khalilur Rahman Attorney for Appellant.
Respondent not represented. Cr. Petition for Special Leave to Appeal No. 279 of 1962. Altaf Sikandar Advocate Supreme Court for Shaukat Ali Advocate Supreme Court instructed by Naziruddin Attorney for Petitioner.
Respondent not represented. Cr. Petition for Special Leave to Appeal No. K-28 of 1962. Nasim Hasan Shah Advocate Supreme Court instructed by Yousuf Rafi Attorney for Petitioner.
Respondent not represented. Cr. Petition for Special Leave to Appeal No. 27 of 1963. Abdul Shakoorul Islam Advocate High Court of West Pakistan under rule 5 Order IV, Supreme Court Rules, 1956 (Altaf Sikandar Advocate Supreme Court with him) instructed by Ghulam Mujataba Attorney for Petitioner.
Respondent not represented. Cr. Petition for Special Leave to Appeal No. 37 of 1963. Ahmad Khan Advocate Supreme Court instructed by Naziruddin Attorney for Petitioner.
Respondent not represented. Tufail Ali A. Rahman Attorney-General for Pakistan (Fakharuddin G. Ebrahim Advocate Supreme Court with him) instructed by Iftikharuddin Ahmad Attorney (Under Order XLV). M. B. Zaman Advocate Supreme Court instructed by Ijaz All Attorney (Under Order XLV). Date of hearing: 1st March 1963.
Criminal Appeal No. 12 of 1962 and 4 other petitions decided on 1st March 1963.
Presented By: A. R. Cornelius, C. J., S. A. Rahman, Fazle-Akhar, B. Z. Kaikaus and Hamoodur Rahman, JJ
Nasim Hasan Shah Advocate Supreme Court instructed by Khalilur Rahman Attorney for Appellant.
Respondent not represented. Cr. Petition for Special Leave to Appeal No. 279 of 1962. Altaf Sikandar Advocate Supreme Court for Shaukat Ali Advocate Supreme Court instructed by Naziruddin Attorney for Petitioner.
Respondent not represented. Cr. Petition for Special Leave to Appeal No. K-28 of 1962. Nasim Hasan Shah Advocate Supreme Court instructed by Yousuf Rafi Attorney for Petitioner.
Respondent not represented. Cr. Petition for Special Leave to Appeal No. 27 of 1963. Abdul Shakoorul Islam Advocate High Court of West Pakistan under rule 5 Order IV, Supreme Court Rules, 1956 (Altaf Sikandar Advocate Supreme Court with him) instructed by Ghulam Mujataba Attorney for Petitioner.
Respondent not represented. Cr. Petition for Special Leave to Appeal No. 37 of 1963. Ahmad Khan Advocate Supreme Court instructed by Naziruddin Attorney for Petitioner.
Respondent not represented. Tufail Ali A. Rahman Attorney-General for Pakistan (Fakharuddin G. Ebrahim Advocate Supreme Court with him) instructed by Iftikharuddin Ahmad Attorney (Under Order XLV). M. B. Zaman Advocate Supreme Court instructed by Ijaz All Attorney (Under Order XLV). Date of hearing: 1st March 1963.
MUHAMMAD RAFIQUE-Appellant
VERSUS
THE STATE-Respondent
Law:
Section:
(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 5th November 1962, in Criminal Appeal No. 871 of 1961/Murder Reference No. 29 of 1962). MUHAMMAD SADIQ-Petitioner and Versus THE STATE-Respondent Criminal Petition for Special Leave to Appeal No. 279 of 1962 (On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 19th October 1962, in Criminal Appeal No. 290 of 1962/Murder Reference No. 70 of 1962). MUHAMMAD MURID-Petitioner Versus THE STATE-Respondent Criminal Petition for Special Leave to Appeal No. K.-28 of 1962. (On appeal from the judgment and order of the High Court of West Pakistan, Karachi Bench, Karachi, dated the 16th November 1962, in Criminal Appeal No. 120 of 1962/Confirmation Case No. 23 of 1962). REHMAT-Petitioner Versus THE STATE-Respondent Criminal Petition for Special Leave to Appeal No. 27 of 1963. (On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 10th December 1962, in Criminal Appeal No. 411/Mu- Reference No. 95 of 1962). AND NIAMAT KHAN-Petitioner Versus THE STATE-Respondent ??????????? Criminal Petition for Special Leave to Appeal No. 37 of 1963. (On appeal from the judgment and order of the High Court, of West Pakistan; Peshawar Bench, Peshawar, dated the 2nd January 1963, in Criminal Appeal No. 169 of 1962). Constitution of Pakistan (1962), Art.58 (2) (b)-High Court confirming, under S. 376, Criminal Procedure Code (V of 1898), sentence of death passed by Sessions Judge-No appeal lies as of right, to Supreme Court-Whether appeal would lie as of right where High Court passes "any other sentence warranted by law ? Constitution of Pakistan (1956), Art. 159 - Criminal Procedure Code (V of 1898), Ss. 31 & 423. Held, that Article 58 of the Constitution of 1962 does not enable an appeal as of right from judgment of the High Court confirming a death sentence by a Sessions Court. The wording of the new provision [Art. 58 (2) (b)] in the Constitution of…