| Citation(s) |
|---|
| 1959 SLG 380 1959 SLD 380 1959 PLD 123 |
Supreme Court of Pakistan
Criminal Appeals Nos. 10 and 11 of 1959, decided on 11th March 1959.
MUHAMMAD MUNIR, C.J., A. R. CORNELIUS, AMIRUDDIN AHMAD, AND S. A. RAHMAN, JJ
M. B. Zaman, Advocate, Supreme Court, instructed by M. A. Rahman, Attorney for Appellant.
Respondent. not represented. Abdul Haq, Advocate, Supreme Court, instructed by Amjad Hussain, Attorney for appellant. M. B. Zaman, Advocate, Supreme Court, instructe
Criminal Appeals Nos. 10 and 11 of 1959, decided on 11th March 1959.
MUHAMMAD MUNIR, C.J., A. R. CORNELIUS, AMIRUDDIN AHMAD, AND S. A. RAHMAN, JJ
M. B. Zaman, Advocate, Supreme Court, instructed by M. A. Rahman, Attorney for Appellant.
Respondent. not represented. Abdul Haq, Advocate, Supreme Court, instructed by Amjad Hussain, Attorney for appellant. M. B. Zaman, Advocate, Supreme Court, instructe
Criminal Appeal No. 10 of 1959 THE STATE--Appellant
VS
MUJAHIDUDDIN FARIDI--Respondent AND Criminal Appeal No. 11 of 1959 Syed A. M. GHAZNAVI--Appellant vs THE STATE--Respondent
Law:
Section:
(a) Re-trial--- State appeal from order of--Accused re-tried and convicted pending appeal-Appeal infructuous. (b) Expunction- Unjustified remarks in High Court against Special Judge that he was "biased" against refugees, and that such bias disabled a Judge from "performing any judicial function whatsoever"-Remarks expunged as harmful to Special Judge's service prospects. JUDGMENT MUHAMMAD MUNIR, C. J.---These two Criminal Appeals, Nos. 10 and 11 of 1959, are directed against a judgment of Lari J. of the Karachi Bench of the High Court of West Pakistan, delivered on appeal from an order of Mr. Ghaznavi, Special Judge, Karachi. One Mujahiduddin Faridi, who was Accountant and Cashier in the Co-operative and Marketing department, Ministry of Food and Agriculture, Government of Pakistan at Karachi, was accused before the Special Judge of having, between 23rd April 1952 and 22nd July 1952, committed criminal breach of trust in respect of an aggregate sum of Rs. 11,071-8-3 and of having forged certain signatures and entries in relevant official records in order to suppress the various defalcations. He was found guilty and was sentenced under Ss. 409 and 467 of the Pakistan Penal Code to 3 years' concurrent imprisonment and a fine of Rs. 20,000. On appeal to the High Court, Lari J. ordered a retrial on the grounds that the two offences could not have been tried together and that the Special Judge had a bias against the refugees which disabled him from performing judicial functions where refugees were concerned. The finding as to bias was based on the following observations of the Special Judge in the last paragraph of his judgment:- "The accused was an Accountant in this office from March, 49 and it was his duty to maintain the accounts. From the year 1949 up to the period, when he handed over the charge, he had not kept the accounts properly, and had been systematically misappropriating sums of money thinking, that in Pakistan, nobody would take notice of his misdeeds, because he is a refugee. In my opinion, this was a fully planned scheme of the accused to rob the Government and I do not find any extenuating circumstances in his favour". Appeal No. 10 of 1959 is…
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