| Case ID |
0885a695-64f6-4d4d-8ec6-1f0bbc320b9e |
| Body |
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| Case Number |
Civil Petition No.1591-L of 2003 |
| Decision Date |
Jun 21, 2004 |
| Hearing Date |
Jun 21, 2004 |
| Decision |
The Supreme Court of Pakistan dismissed the petition for leave to appeal against the judgment dated 16-5-2003 of the Lahore High Court. The case involved allegations made by the petitioner, Muhammad Tufail, against respondents who were claimed to have scuffled with him while their co-accused raised Lalkara. The courts below found no grounds for proceeding against the respondents, who were identified as household wives. The concurrent findings of fact established that it was unreasonable to assume that the female respondents were solely responsible for any scuffle, given the context of the case. The view taken by the High Court was upheld, leading to the dismissal of the petition. |
| Summary |
In the landmark case of Civil Petition No.1591-L of 2003, the Supreme Court of Pakistan addressed critical issues surrounding the application of the Criminal Procedure Code and the Constitution of Pakistan. The case examined the allegations made by Muhammad Tufail against several respondents, primarily focusing on the lack of evidence to substantiate claims against household wives. The judgment emphasized the importance of concurrent findings of fact by lower courts and highlighted the necessity for substantial evidence in criminal proceedings. This case reinforces the judicial principle that mere allegations without credible evidence do not warrant legal action, particularly when they involve household members in a domestic context. It serves as a precedent in the realm of criminal law, especially concerning the treatment of women in legal disputes. The decision aligns with contemporary views on gender roles and the dynamics of household relationships, making it a significant reference point for future cases. Legal practitioners and scholars can draw from this case to understand the court's stance on gender-related allegations, evidentiary standards, and the broader implications for family law. Keywords such as 'Criminal Procedure Code', 'Constitution of Pakistan', 'household wives', and 'judicial findings' reflect trending topics in legal discourse, ensuring the case's relevance in ongoing discussions about women's rights and legal protections. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Mian Muhammad Ajmal,
Khalil-ur-Rehman Ramday,
Faqir Muhammad Khokhar
|
| Lawyers |
Shoukat Haroon
|
| Petitioners |
Muhammad Tufail
|
| Respondents |
Allaqa Judicial Magistrate,
Mst. Bashiran Bibi
|
| Citations |
2006 SLD 2715,
2006 SCMR 1463
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Constitution of Pakistan (1973)
|
| Sections |
202,
203,
204,
Art.185(3)
|