| Citation(s) |
|---|
| 1965 SLG 116 1965 SLD 116 1965 PLD 496 |
Supreme Court of Pakistan
Criminal Appeal No. 24 of 1965, decision dated: 7th April 1965. (On appeal from the judgment and order of the High Court of West Pakistan, Karachi Bench, Karachi, dated the 25th February 1965, in Criminal Transfer Application No. 57 of 1965)
A. R. CORNELIUS, C.J., S. A. RAHMAN, FAZLEAKBAR, B. Z. KAIKAUS AND HAMOODUR RAHMAN, JJ
Z. H. Lari Senior Advocate Supreme Court instructed by Amjad Hussain Senior Attorney. Manzur Qadir and Shaukut Ali Senior Advocates Supreme Court (G. M. Mirza Advocate Supreme Court absent) instructed by Salim Ahmad AM& Attorney No. 1. S. Nasir-ud-Din Adv
Criminal Appeal No. 24 of 1965, decision dated: 7th April 1965. (On appeal from the judgment and order of the High Court of West Pakistan, Karachi Bench, Karachi, dated the 25th February 1965, in Criminal Transfer Application No. 57 of 1965)
A. R. CORNELIUS, C.J., S. A. RAHMAN, FAZLEAKBAR, B. Z. KAIKAUS AND HAMOODUR RAHMAN, JJ
Z. H. Lari Senior Advocate Supreme Court instructed by Amjad Hussain Senior Attorney. Manzur Qadir and Shaukut Ali Senior Advocates Supreme Court (G. M. Mirza Advocate Supreme Court absent) instructed by Salim Ahmad AM& Attorney No. 1. S. Nasir-ud-Din Adv
SHAMSUDDIN
VS
(1) CAPT. GAUHAR AYYUB, Arm (2) THE STATE
Law: Pakistan Penal Code, 1860
Section: 148,302,149,398,149,000,000,000,000
Law: Criminal Procedure Code (V of 1898)
Section: 526,30,194,526(1)(e)(iv)
(a) Constitution of Pakistan (1962), Art. 58-Leave to appeal to Supreme Court-Granted in course of hearing of petition-Case thereafter heard and decided as an appeal, all parties being represented, and all relevant material being present on record. Where all parties were represented at the hearing of the petition for leave to appeal and where points for decision lay within a narrow compass, all the relevant material being present on the record of the petition, the Supreme Court granted leave to appeal in the course of the hearing, and thereafter heard and decided the case as an appeal. (b) High Court of West Pakistan (Establishment). Order (XIX of 1955), Paragraph 4 read with paragraphs 3 (3) 9, II and Cl. 26, Letters Patent (Lahore) Paragraph 3(3) contemplates a single High Court Powers vested in High Court also vested in each Judge in respect of whole area of High Court's jurisdiction Assignment of areas under para. 4 to Bench at Karachi not to be construed as restricting jurisdiction of any Judge in derogation of full jurisdiction granted by Cl. 26, Letters Patent (Lahore)-Chief Justice's power to transfer case from Bench at Karachi to main seat at Lahore-Such power not susceptible of being delegated by Chief Justice to any Judge of Court. Held that it was not possible to regard an order of assignment under paragraph 4, High Court of West Pakistan (Establishment) Order, 1955 as having the effect of making a definitive division of the jurisdiction of the High Court between the main seat of the High Court at Lahore and the Benches at Karachi and Peshawar. Sub-paragraph (3) of paragraph 3 clearly contemplates a single High Court, with its seat at Lahore, having jurisdiction throughout the territories of West Pakistan, except such parts thereof as were excluded by the Constitution or by law. The Benches to sit at Karachi and Peshawar were to be composed of Judges of the High Court. Under clause 26 of the Letters Patent of the pre-existing High Court of Lahore, which was made applicable to the West Pakistan High Court by paragraph 9 of the Order of 1955, all the powers vested in the High Court of West Pakistan were also vested in each Judge of that High Court in…
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