Case Details

Citation(s)
1969 SLG 779 1969 SLD 779 1969 PCRLJ 1307
Sindh High Court
Criminal Appeal No. 163 and Confirmation Case No. 62 of 1967, 15th May, 1969
DORAB PATEL, J

Deprecated: str_replace(): Passing null to parameter #3 ($subject) of type array|string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 395

Ali Akbar

VS

The State

Law:

Section:

Keywords: Delivery, Administration Of Justice, Consideration, Communication, Notice, Alienation, Hearing The Arguments, Consultation, Confirmation, Determination, Practice, Division, High Court, Patent, Proceedings, Alteration, Retirement, Parties, Provisions, Plea, Retirement, Procedure, Change, Amicus Curiae, Order, Magistrate, Office Result: Order accordingly ORDER This confirmation case and criminal appeal were heard by Faizullah Khan, J. and me on 29th, 30th and 31st January 1969 and we had reserved our judgment. Before my learned brother left for Peshawar, we had discussed the case and were of opinion that the appellant's plea of insanity should be accepted. My learned brother was to write the judgment and send it to me for my signature and pronouncement in Court. My learned brother wrote the judgment, signed it and forwarded it to me for pronouncement on the day on which he retired from this Court, therefore the "judgment" was received by me much after he had retired. Although, as I have observed, I agreed with the view taken by Faizullah Khan, J., I was doubtful whether the judgment written by him could either be signed or pronounced by me after his retirement. Accordingly, I gave notice to the appellant to argue on the question whether a judgment could be pronounced by me in the events that happened. I also gave notice to the Addi tional Advocate-General on behalf of the State and to Mr. Tufail Ali Rehman to appear as amicus curiae to assist me in the determination of this question. 2. All the learned counsel who appeared before me correctly submitted that the provisions of the Criminal Pro cedure Code (sections 366 and 367) which relate to the pronouncement and preparation of judgments do not apply to this Court. Similarly, there is no provision in the Rules framed by this Court under its letters Patent for the pro nouncement of judgments on the criminal appellate side of this Court. The question therefore has to be determined in accordance with the general principles of our jurisprudence. All the learned counsel submitted that the written opinion of Judges become judgments only when they are pronounced in open Court and, as a corollary of this…
🔒
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