| Citation(s) |
|---|
| 1999 SLG 649 1999 SLD 649 1999 PLD 1063 |
Supreme Court of Pakistan
Criminal Appeals Nos. _78(S) _ and 79(S) of 1992, decisiondated: 26-03-1999.
JUSTICE KHALIL-UR-REHMAN KHAN, CHAIRMAN,, JUSTICES MUNIR A. SHEIKH, WAJIHUDDIN AHMED, MAULANA MUHAMMAD TAQI USMANI AND DR. MAHMOOD A. GHAZI, MEMBERS
Muhammad Munir Peracha, Advocate Supreme Court with Ch. Akhtar Ali, Advocate-on-Record, Raja Muhammad Anwar. Senior Advocate Supreme Court and Raja Abdul Ghafoor, Advocate-on-Record for Appellant (in Criminal Appeals Nos.78(S) and 79(S) of 1992).Ghulam
Criminal Appeals Nos. _78(S) _ and 79(S) of 1992, decisiondated: 26-03-1999.
JUSTICE KHALIL-UR-REHMAN KHAN, CHAIRMAN,, JUSTICES MUNIR A. SHEIKH, WAJIHUDDIN AHMED, MAULANA MUHAMMAD TAQI USMANI AND DR. MAHMOOD A. GHAZI, MEMBERS
Muhammad Munir Peracha, Advocate Supreme Court with Ch. Akhtar Ali, Advocate-on-Record, Raja Muhammad Anwar. Senior Advocate Supreme Court and Raja Abdul Ghafoor, Advocate-on-Record for Appellant (in Criminal Appeals Nos.78(S) and 79(S) of 1992).Ghulam
Shariat Appellate Jurisdiction Criminal Appeal No.78 of 1992MUHAMMAD SHARIFvsTHE STATECriminal Appeal No.79 of 1992Mian AFTAB SAIGALvsTHE STATE and another
Law:
Section:
(a) Prohibition (Enforcement of Hadd) Order (4 of 1979)-------Art. 27---Criminal Procedure Code (V of 1898), S.417---Constitution of Pakistan (1973), Art.203-F(2B)---Leave to appeal was granted by Supreme Court to consider question as to whether an appeal under 5.417, Cr.P.C. against acquittal under Prohibition (Enforcement of Hadd) Order. 1979 would lie to the Federal Shariat Court. (b) Prohibition (Enforcement of Hadd) Order (4 of 1979)--- ----Art. 27---Criminal Procedure Code (V of 1898), Ss. 417 & 492--Constitution of Pakistan (1973), Art. 203-F(2B)---Leave to appeal was granted to examine the contention that appeal against acquittal was filed by a counsel who was not a Special Public Prosecutor to file appeal and that appeal before the Federal Shariat Court against acquittal of an accused was not competent. State v. Muhammad Tariq PLD 1982 FSC 169 ref. (c) Appeal (criminal)--- ---- Withdrawal of appeal---Effect---Withdrawal of appeal being not an order passed on merits, order of acquittal would not attain finality. (d) Prohibition (Enforcement of Hadd) Order (4 of 1979)--- ----Arts. 27 & 8----Appeal against order passed under Art. 8, Prohibition (Enforcement of Hadd) Order, 1979 by a Court of Session lies to the Federal Shariat Court while appeal from an order under any other Article of the said Order imposing a sentence of imprisonment for a term exceeding` two years also lies to the Federal Shariat Court. (e) Prohibition (Enforcement of Hadd) Order (4 of 1979)--- --Art- 27---Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S.24---Appeal---Jurisdiction of Federal Shariat Court---Scope and extent ---Jurisdiction of Federal Shariat Court is confined to a certain category of cases mentioned in the second proviso of Art.27 of the Prohibition (Enforcement of Hadd) Order, 1979 and S.24 of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979 and jurisdiction to hear appeals against other s i.e. conviction entailing less than two years' imprisonment must necessarily be covered by the provision of Criminal Procedure Code, ]898--- View that appeal against any order of acquittal would lie to High Court and not to…
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