| Case ID |
036fa5b2-006a-4f0b-911f-484c7c065269 |
| Body |
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| Case Number |
Criminal Miscellaneous Petition No. 821 of 1954 |
| Decision Date |
Nov 18, 1954 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the petition filed by Shahbaz for the issuance of a writ in the nature of habeas corpus under section 223-A of the Constitution Act and section 491 of the Criminal Procedure Code. The court held that the Provincial Government had the authority to rescind the order of remission of sentence, as per section 21 of the General Clauses Act, provided that the previous order had not yet been acted upon. The court noted that since the order of remission was rescinded prior to its execution, the detention of Shahbaz in jail was deemed legal. The decision emphasized the interpretation of statutory provisions and the authority of the Provincial Government in such matters, affirming the need for clarity in legal orders and the implications of their rescission. |
| Summary |
In the case of Shahbaz vs. The Crown, the Lahore High Court addressed the issue of a writ of habeas corpus filed by Shahbaz, who was seeking release from detention following a remission order by the Provincial Government. The case revolved around the interpretation of sections 401 of the Criminal Procedure Code and 21 of the General Clauses Act. The court analyzed the legality of the Provincial Government's power to rescind its earlier order of remission before it was executed. The ruling clarified that such orders could be modified provided they had not yet been acted upon, reinforcing the authority of the Provincial Government in managing sentences. This case is significant in understanding the procedural nuances of criminal law and the rights of detainees, emphasizing the importance of legislative clarity. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
S. A. Rahman, C.J.
|
| Lawyers |
Abdul Haque,
A. R. Changez
|
| Petitioners |
Shahbaz
|
| Respondents |
The Crown
|
| Citations |
1955 SLD 67,
1955 PLD 65
|
| Other Citations |
Venkatesh Yeshwant v. Emperor, A I R 1938. Nag. 513,
Rangachari v. Secretary of State, A I R 1937 P, C. 27,
Madan Mohanlal v. Emperor, 22 Cr. L J 153 (S. B.),
Basanta Chandra Ghos v. Emperor, A I R 1945 Pat. 44 (F. B.),
Subodh Chandra v. Jnanendra Nath A I R 1937 Cal. 718
|
| Laws Involved |
Criminal Procedure Code,
General Clauses Act
|
| Sections |
401,
21
|