Case Details

Citation(s)
1995 SLG 775 1995 SLD 775 1995 PLD 505
Supreme Court of Pakistan
Mst. Zubaida v. Supreme Appellate Court, Lahore and others 1993 SCMR 1951 ref. Qazi Muhammad Anwar, Advocate Supreme Court and Muhammad Zahoor Oureshi Azad (absent) for Petitioners. Sardar M. Ishaque, Advocate Supreme Court and KG: Sabri, Advocate-on-Reco
SAJJAD ALI SHAH, C.J. AND MANZOOR HUSSAIN SIAL, J
Sh. Riazul Haque, Advocate Supreme Court and Ejaz Muhammad Khan, Advocate-on-Record. Nemo

MALIK HAYAT,

VS

SUPREME APPELLATE COURT OF SINDHI AT KARACHI and 2 others

Law:

Section:

(a) Special Courts for Speedy Trials Act (IX of 1992)-------S. 2(c)---Classes of offences of which cognizance could be taken for trial by the Special Courts constituted under Special Courts for Speedy Trials Act, 1992.Section 2(c) of the Special. Courts for Speedy Trials Act, 1992, in very/ unequivocal terms, empowers the Federal Government to transfer cases not-' , only of offences which are scheduled but also of offences punishable under an law for the time being in force, which in the opinion of the Government e gruesome, brutal and sensational . character or shocking to public morality or have led to public outrage or created panic or an atmosphere of fear or anxiety amongst the public or a section thereof or which, because of increase in' their incidence, need to be tried most speedily. If section 2(c) is read carefully, it would appear that cognizance can be taken for trial in the Special Courts of two classes of offences, namely, one class of scheduled offences and the other class in which offences are not scheduled and in between the word used is "or" which divides the two classes separately. Muhammad Yaqub v. Government of Balochistan and another PLD 1989 SC 13 and Khalil-uz-Zaman v. Supreme Appellate Court, Lahore and 4 others PLD 1994 SC 885 distinguished. (b) Constitution of Pakistan (1973)-.- ----Art. 212-B---Special Courts for Speedy Trials Act (IX of 1992), S.13--­Appeal ---Jurisdiction---Supreme Appellate Court being the final forum as contemplated under the special law, Supreme Court could not sit in appeal on the of the Supreme Appellate Court, nor could interfere with in such proceedings in any manner---Exception: Perusal of Article 212-B of the Constitution clearly shows that there is complete bar in respect of proceedings before the Special Courts for Speedy Trials and Supreme Appellate Court under special law so far as interference is concerned by other ordinary Courts including Supreme Court. The Supreme Appellate Court is the final forum as contemplated under the special law and Supreme Court cannot sit in appeal on the of the Supreme Appellate Court, nor can interfere with such proceedings in any manner. As a rule, no interference is to…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

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