| Citation(s) |
|---|
| 2006 SLG 1510 2006 SLD 1510 2006 PLD 270 2006 PLJ 1249 |
Supreme Court of Pakistan
Criminal Petition No.35(S) of 2005, decision dated: 31st January, 2006. (On appeal from the judgment dated 12-5-2005 of the Federal Shariat Court passed in Criminal Miscellaneous No.77-I of 2004).
, JAWED IQBAL, JUSTICE MIAN SHAKIRULLAH, JAN, JUSTICE RAJA FAYYAZ AHMED, JUSTICE DR. ALLAMA KHALID MEHMOOD, JUSTICE ALLAMA RASHID AHMED, JULLUNDHARI, JUSTICE
Fazal Ellahi Siddiqui, Advocate Supreme Court and M.A. Zaidi, Advocate-on-Record.
Criminal Petition No.35(S) of 2005, decision dated: 31st January, 2006. (On appeal from the judgment dated 12-5-2005 of the Federal Shariat Court passed in Criminal Miscellaneous No.77-I of 2004).
, JAWED IQBAL, JUSTICE MIAN SHAKIRULLAH, JAN, JUSTICE RAJA FAYYAZ AHMED, JUSTICE DR. ALLAMA KHALID MEHMOOD, JUSTICE ALLAMA RASHID AHMED, JULLUNDHARI, JUSTICE
Fazal Ellahi Siddiqui, Advocate Supreme Court and M.A. Zaidi, Advocate-on-Record.
DR. ALLAMA KHALID MEHMOOD, JUSTICE ALLAMA RASHID AHMED JULLUNDHARI, JUSTICE JEHANDAD AND 2 OTHERS
VS
THE STATE AND ANOTHER JEHANDAD AND 2 OTHERS VS THE STATE AND ANOTHER
Law: Constitution of Pakistan, 1973
Section: 185(3)
(a) Constitution of Pakistan (1973)-------Art. 185(3)---Federal Shariat Court by means of the impugned order had dismissed the application of the accused for summoning the entire record of the proceedings conducted by the Military Court and of the High Court and affording them an opportunity for perusing the same for evolving a strategy for their defence----All the proceedings conducted by the Military Court were set aside by the High Court and Supreme Court which culminated into fresh trial, which had already been concluded and at the moment appeal was pending adjudication before Federal Shariat Court and the same would be decided on merits in accordance with law---Fate of the said appeal could not be adjudged during its pendency on conjectural presumptions---Even otherwise, the impugned order being an ad interim order could not be assailed by invoking the provisions as contained in Art. 185(3) of the Constitution--Leave to appeal was refused to accused in circumstances. Said Khan v. Aya Khan 1979 SCMR 577; Ismat Khanum Toor v. Riaz Ali Khan 1978 SCMR 334; Abdul Hamid v. Sher Alam. 1968 .SCMR 1143; Muhammad Sadiq v. Bashir Ahmed PLD 1966 SC 717 and Zafarullah Khan v. Abdul Rehman 1971' SCMR 702 ref. (b) Constitution of Pakistan (1973)--- ----Art. 185(3)---Leave to appeal against interim order---Scope---Entertainment of petition for leave to appeal against interim order and hearing of case piecemeal, is not desirable. Said Khan v. Aya Khan 1979 SCMR 577; Ismat Khanum Toor v. Riaz Ali Khan 1978 SCMR 334; Abdul Hamid v. Sher Alam 1968, SCMR 1143; Muhammad Sadiq v. Bashir Ahmed PLD 1966 SC 717 and Zafarullah Khan v. Abdul Rehman 1971' SCMR 702 ref. THIS ORDER PASSED BY: JAVED IQBAL, JUSTICE:---.--- This petition for leave to appeal is directed against the order dated 12-5-2005 whereby the Criminal Miscellaneous application bearing No,77-I of 2004 has been dismissed whereby it was requested that the entire record of the proceedings conducted by Military Court No.88, Havelian and record of Writ Petition No.4 of 1988 of the A Peshawar High Court may be summoned and an opportunity be afforded to the petitioners for perusing the same enabling them to evolve a strategy…
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