Case Details

Citation(s)
1979 SLG 597 1979 SLD 597 1979 SCMR 407
Supreme Court of Pakistan
Criminal Review Petitions Nos. 1 R and 2 R of 1976, decision dated: 1st March 1976.
SALAHUDDIN AHMED AND MUHAMMAD GUL, JJ
Mian Nazir Akhtar, Advocate Supreme Court instructed by Kh. Wali Muhammad, Advocate on-Record (absent) for Petitioners. Nemo for the State

MUHAMMAD SADIQ AND ANOTHERS

VS

THE STATE

Law:

Section:

Constitution of Pakistan (1973) ----Arts. 185(3) & 188 read with Supreme Court Rules, 1956, O. XXVI, r. 1 and Secret Circular No. 8,/11/71 Ptns., dated 21 12 1971 Review¬Petition for Leave to Appeal badly barred by time but sentences of death being involved delay condoned Review petition also barred by 73 days and no satisfactory explanation for such delay .furnished Benefit of general amnesty granted by President in 1971 as per Secret Circular No. 8/11/71 Ptns., dated 21 12 1971 also not available to petitioners due to death sentence having been confirmed by High Court much later than date of issue of circular and not pending execution on such date Petitions dismissed as barred by limitation. ORDER SALAHUDDIN ARMED, J. These two review Petitions are from an order of this Court dated the 24th of July, 1975, dismissing on merits the petitioners' petitions for special leave to appeal sent from Jail. The petitions for leave had become barred by 532 days and 178 days but as they involved sentences of death, the delay had been condoned and the petitions considered and disposed of on merits. The present review petitions again are barred by 73 days. There is no satisfactory explanation at all for this delay. Admittedly the petitioners came to know of the decision of this Court on the 23rd of August, 1975, and they filed the present review petitions on the 24th of October,…
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