| Citation(s) |
|---|
| 1986 SLG 1076 1986 SLD 1076 1986 PLD 6 |
Supreme Court of Pakistan
Criminal Petition No. 58-R(S) of 1985, decision dated: 16-09-1985. (On appeal from the judgment of the Federal Shariat Court, Lahore, dated 30-5-1985 passed in Criminal Appeal No. 89/L of 1980)
JUSTICE MUHAMMAD AFZAL ZULLAH, CHAIRMAN AND, JUSTICE PIR MUHAMMAD KARAM SHAH, MEMBER
THE STATERRana Muhammad Sarwar, Advocate Supreme Court and S. Inayat Hussain Shah, Advocate-on-Record (absent) for Appellant. Abul Qasim Jafri, Advocate Supreme Court.
Criminal Petition No. 58-R(S) of 1985, decision dated: 16-09-1985. (On appeal from the judgment of the Federal Shariat Court, Lahore, dated 30-5-1985 passed in Criminal Appeal No. 89/L of 1980)
JUSTICE MUHAMMAD AFZAL ZULLAH, CHAIRMAN AND, JUSTICE PIR MUHAMMAD KARAM SHAH, MEMBER
THE STATERRana Muhammad Sarwar, Advocate Supreme Court and S. Inayat Hussain Shah, Advocate-on-Record (absent) for Appellant. Abul Qasim Jafri, Advocate Supreme Court.
ALLAH BAKHSH
VS
Law:
Section:
(a) Constitution of Pakistan (1973)------ Art. 203-F-Leave to appeal-Technical objections could not be given any importance when hearing a petition for leave to appeal. (b) Constitution of Pakistan (1973)--- --- Art. 203-F-Leave to appeal-Technical objections-No benefit, held, could be given to petitioner on basis of technical objections in proceedings for grant of leave to appeal which had to be granted or declined in exercise of discretion of Supreme Court. (c) Constitution of Pakistan (1973)--- -- Art. 203-F-Criminal Procedure Code (V of 1898), Ss. 476 & 193-Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 20-Scope of S. 476, Cr. P. C.-Expression "shall apply mutatis mutandis occurring in S. 20 of Ordinance, 1979-Meaning and significance-Scheme of Ordinance, 1979 being that whenever need would arise necessary changes including those in nature of adaptations vis-a-vis Criminal Procedure Code would not only be permissible but shall be made-Whenever a reference under S. 476, Cr. P. C. is made to High Court, when the Federal Shariat Court acting under S. 476, Cr. P. C., said reference would therefore have to be read as reference to Federal Shariat Court which by and large in heirarchy of system created under Ordinance, 1979 would be comparable to High Court, except in certain specified matters i.e. that the decisions of Federal Shariat Court were binding on High Court-Appeal to Supreme Court-How lies.-[Interpretation of statutes]. Section 20 of the Ordinance VII of 1979 provides that the provisions of the Code of Criminal Procedure shall apply mutatis mutandis in respect of cases under the said Ordinance provided that if it appears in evidence that the offender has committed a different offence under any other law, he may, if the Court is competent to try that offence and award punishment therefor be convicted and punished for that offence; provided further, that an offence punishable under this Ordinance shall be triable by a Court of Session and not by a Magistrate authorised under section 30 of the said Code and an appeal from the order of the Court of Session shall lie to the Federal Shariat Court. It has also been provided therein…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492