| Case ID |
096100bc-6e4b-4c47-9417-7d1fc785d6f1 |
| Body |
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| Case Number |
Criminal Petition for Special Leave to Appeal No. |
| Decision Date |
Oct 09, 1978 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition for leave to appeal against the Lahore High Court's decision to deny the transfer of the murder case. The court found that the petitioner did not provide sufficient grounds to justify the transfer, particularly in light of the bail orders granted by the Additional Sessions Judge. The court highlighted that the allegations against the trial court were wholly unjustified and emphasized the need for proper documentation, which the petitioner failed to provide. The dismissal of the petition was grounded in the lack of evidence showing that the trial would not be fair, and it was noted that the petitioner had other remedies available to challenge the bail orders. |
| Summary |
In the case concerning the transfer of a murder trial, the Supreme Court of Pakistan ruled on a petition filed by Muhammad Ishaq against the order of the Lahore High Court. The case involved the murder of Ismail son of Hakam Din, with ten individuals being tried for the crime. The petitioner sought to transfer the case from the Additional Sessions Judge, Ahmad Nawaz Malik, arguing that the trial would not be fair due to the grant of bail to two of the accused, Muhammad Ismail and Muhammad Aslam. The Supreme Court found that the allegations made against the trial court lacked merit and that the petitioner had not provided adequate documentation to support his claims. The court reiterated that if the petitioner was aggrieved by the bail decisions, he had alternative legal remedies. Ultimately, the court dismissed the petition, affirming the lower court's decisions and highlighting the necessity for proper legal proceedings and adherence to established judicial processes. This case underscores the importance of thorough documentation and the availability of legal recourse in the face of perceived injustices within the judicial system. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Dorab Patel,
Karam Elahee Chuhan
|
| Lawyers |
Ch. Muhammad Ashraf Wahla,
Raja Abdul Razzaque
|
| Petitioners |
Muhammad Ishaq
|
| Respondents |
Another,
Ahmad Nawaz Malik, Additional Sessions Judge, Muzaffargarh
|
| Citations |
1979 SLD 499,
1979 SCMR 147
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1898),
Constitution of Pakistan (1973)
|
| Sections |
24,
185(3)
|