| Citation(s) |
|---|
| 1998 SLG 1193 1998 SLD 1193 1998 PLD 17 |
Supreme Court (AJ&K)
Criminal Appeals Nos. 3 and 4 of 1997, decided on 13th October, 1997, Dates of hearing: 2nd and 3rd June, 1997
: BASHARAT AHMAD SHAIKH, JUSTICE AND MUHAMMAD YUNUS SURAKHVI, JUSTICE
Sardar Azad Tariq, Advocate for Appellants. Kh. Attaullah, Additional Advocate General for the State. Ashfaque Hussian Kiani, Advocate for the Complainant
Criminal Appeals Nos. 3 and 4 of 1997, decided on 13th October, 1997, Dates of hearing: 2nd and 3rd June, 1997
: BASHARAT AHMAD SHAIKH, JUSTICE AND MUHAMMAD YUNUS SURAKHVI, JUSTICE
Sardar Azad Tariq, Advocate for Appellants. Kh. Attaullah, Additional Advocate General for the State. Ashfaque Hussian Kiani, Advocate for the Complainant
MUHAMMAD TARIQ KHAN AND OTHERS --AppellantS
VS
THE STATE AND OTHERS --RespondentS
Law:
Section:
(a) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974) S. 31 Promulgation of Ordinance Enforcement Ordinance comes into force only after promulgation Ordinance comes into force not when it is made by the President but when the process of its promulgation is completed. ¬[Interpretation of statutes]. (b) Words and phrases - ------"Promulgare legem" Latin phrase "promulgare legem" originally meant to submit a proposed law to the members of the Legislature in order that they might know its contents and consider the expediency of passing it, but now it means to declare, publish and proclaim a law to the people. -- [Promulgation]. (c) Promulgation of statute Connotation Difference between making an Ordinance and its promulgation highlighted. State v. Anandilat 1957 Cr.LJ 251 and State v. Muhammad Tugla AIR 1955 All. 423 ref. (d) Criminal Procedure Code (V of 1898)-- S. 497(1), third proviso Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.31 Azad Jammu and Kashmir Islamic Penal Laws Enforcement Act (IX of 1974), S.5/15 Penal Code (XLV of 1860), S.307/341/147/148/149 Bail on ground of statutory delay Ordinances through which third proviso to S.497 of the Code of Criminal Procedure was sought to be added having not been promulgated had never assumed force and effect as an act of the Assembly and consequently no law was in force under which bail could be granted to the accused on the basis of statutory delay Bail was refused to accused accordingly. Muhammad Siddique v. The State 1991 PCr.LJ 683; Shorter Oxford English Dictionary; Black's Law Dictionary, 6th Edn.; Law Terms and Phrases by Sardar Muhammad Iqbal Mokal; Aiyer's Manual of Law Terms and Phrases and State v. Anandilat 1957 Cr.LJ 251 ref. THIS JUDGMENT DELIVERED BY: BASHARAT AHMAD SHAIKH, JUSTICE:---.---- These two appeals have been filed as of right against the judgment of the Shariat Court announced on 28th of Ferry, 1997 whereby the appellants were refused bail. The prayer for bail came up before the Shariat Court for the third time. On the first occasion bail was refused on merits as the appellants were found to be reasonably connected with the offences for which they had been…
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