Case Details

Citation(s)
1993 SLG 876 1993 SLD 876 1993 SCMR 2177
Supreme Court of Pakistan
Criminal Appeals Nos. 132 and 133 of 1991, decision dated: 28-02-1993
NASIM HASAN SHAH, SAAD SAOOD, JAN AND SALEEM AKHTAR, JJ

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TALIB HUSSAIN

ANAR GUL KHAN and 4 others

Law:

Section:

(a) Penal Code (XLV of 1860)--Ss. 323, 504 & 34---Constitution of Pakistan (1973), Art. 185 (3)---Petition for leave to appeal---Supreme Court having felt greatly disturbed by the actions and doings of the local administration including the Magistracy and the Police responsible for maintaining law and order on the day of occurrence considered that it should also examine the matter in greater depth to satisfy itself whether the orders passed by the Courts below satisfied in adequate measure the demands of justice and thus granted leave to appeal. (b) Penal Code (XLV of 1860)---- ----Ss. 323, 504 & 34---Constitution of Pakistan (1973), Art. 185---Appeal to Supreme Court---Concurrent finding of conviction by two Courts below in the absence of any plausible ground, were not interfered by Supreme Court. (c) Penal Code (XLV of 1860)--- ----Ss. 323, 504 & 34---Criminal Procedure Code (V of 1898), Ss. 144 & 188--­Allegation of disobedience to the order promulgated by the District Magistrate under S. 144, Cr.P.C: --Persons gathering outside the premises and those who remained inside the premises had abetted disobedience to the order under 5.144, Cr.P.C. and had committed the offence under S. 188 read with S. 109, P.P.C:--Such persons had not resisted arrest or posed any threat to the police officials ---Offence under S. 188, Cr.P.C. being bailable offence, beating given to such persons by Police officials, in the circumstances, was entirely unjustified and could not be related to the performance of their official duties---Police Officials' further conduct in forcibly taking off Shalwars of said persons, putting a Nukail on one of them, parading them in the streets of the town and again beating them at the bus stand was wholly illegal and, to say the least, inhumane---Supreme Court took serious view of the matter and enhanced the sentence of main police official (culprit) in the case as there were no extenuating circumstances in his favour. In the present case persons gathering outside the premises and those who remained inside the house had abetted disobedience to the order promulgated by the District Magistrate under section 144, Criminal Procedure…
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