| Case ID |
03886ada-2b8a-4186-ada3-7351b48d0d65 |
| Body |
View case body. Login to View |
| Case Number |
Criminal Miscellaneous Review Petition No. 5 in Cr |
| Decision Date |
Feb 22, 1994 |
| Hearing Date |
|
| Decision |
The Supreme Appellate Court dismissed the review petitions filed by the petitioners against their conviction. The court upheld the previous findings of guilt and the sentences imposed by the Special Court for Speedy Trials, affirming that the Act does not confer any review powers. The ruling emphasized that the right to review is a substantive right created by statute, and in the absence of such provisions under the Special Courts for Speedy Trials Act, the court lacks jurisdiction to entertain review applications. The decision highlighted the importance of adhering to statutory frameworks in judicial proceedings. |
| Summary |
In the case of Criminal Miscellaneous Review Petition No. 5 in Criminal Appeal No. 12 of 1993, the Supreme Appellate Court of Pakistan addressed the issue of review powers under the Special Courts for Speedy Trials Act (IX of 1992). The court ruled that the Act does not provide for any review mechanism, thereby dismissing the review petitions filed by the convicts. The judgment underscored the principle that review rights are substantive and must be explicitly granted by statute. This case is significant for legal practitioners and scholars as it clarifies the limitations of review powers in special courts and reinforces the statutory nature of legal rights within the judicial system. The ruling serves as a precedent for future cases involving statutory interpretation and the scope of judicial review, making it essential reading for those involved in criminal law and procedural justice. |
| Court |
Supreme Appellate Court, Pakistan
|
| Entities Involved |
Not available
|
| Judges |
JUSTICE FAZAL ILAHI KHAN,
JUSTICES ABDUR REHMAN KHAN,
MUHAMMAD BASHIR, JEHANGIRI
|
| Lawyers |
Mr. Ahmed Raza Kasoori
|
| Petitioners |
MEHTAB KHAN and others
|
| Respondents |
THE STATE
|
| Citations |
1994 SLD 816 = 1994 SCMR 1472
|
| Other Citations |
Hussain Bakhsh v. Settlement Commissioner, Rawalpindi PLD 1970 SC 1,
Ch. Zahoor Ilahi v. The State PLD 1977 SC 273,
Chief Settlement Commissioner, Lahore v. Raja Muhammad Fazil Khan and others PLD 1975 SC 331,
Dr. M. Fazil Zaheer and others v. Begum Jan and others PLD 1966 Lah. 53,
PLD 1990 SC 865,
Muhammad Hussain and others v. Pannu Khan and others PLD 1990 SC 900,
SA. Rizvi v. Pakistan Atomic Energy Commission and another 1986 SCMR 965,
Mst. Nasreen v. Fayyaz Khan and another PLD 1991 SC 412,
Government of N.-W.F.P. v. Said Kamal Shah PLD 1986 SC 360,
Ahmad v. Abdul Aziz PLD 1989 SC 771,
Muzaffar v. Muhammad Shafi PLD 1981 SC 93
|
| Laws Involved |
Special Courts for Speedy Trials Act (IX of 1992)
|
| Sections |
Review
|