| Case ID |
096f1479-bd20-49dc-941e-75fed4bb6636 |
| Body |
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| Case Number |
Criminal Shariat Appeals Nos. 20 and 21 of 2004 |
| Decision Date |
Dec 29, 2006 |
| Hearing Date |
Nov 13, 2006 |
| Decision |
The Supreme Court of Pakistan dismissed the appeals brought by Muhammad Asghar and others against the Federal Shariat Court's order. The Court directed the Federal Shariat Court to dispose of the appeal preferred by the respondents after affording proper opportunity of hearing to all concerned. The Court emphasized that it was not desirable to entertain a petition against an interim order and that the Federal Shariat Court had the jurisdiction to summon the accused in relation to the appeal. The Court highlighted the importance of adhering to the principles of natural justice and ensuring that no order prejudicial to the accused is made without an opportunity for them to be heard. The dismissal was based on the understanding that the Federal Shariat Court's actions were within its jurisdictional domain and that the legal questions involved warranted a detailed examination. |
| Summary |
In the case of Criminal Shariat Appeals Nos. 20 and 21 of 2004, the Supreme Court of Pakistan dealt with significant legal questions regarding the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, and the jurisdiction of the Federal Shariat Court. The appeals arose from a complaint filed by Mst. Naveeda Shaheen, which led to various acquittals and convictions under the Ordinance. The Supreme Court granted leave to appeal to examine whether the Federal Shariat Court had exceeded its jurisdiction by converting a petition for leave to appeal into an appeal against acquittal without properly hearing the accused. The Court concluded that the Federal Shariat Court had acted within its authority and directed that the appeals be disposed of expeditiously while ensuring due process. This case highlights the intersection of criminal law and constitutional provisions in Pakistan, reinforcing the importance of legal representation and the right to a fair trial. Keywords such as 'Federal Shariat Court', 'Offence of Zina', 'Supreme Court of Pakistan', and 'due process' are critical for understanding the legal landscape surrounding this case. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Justice Javed Iqbal (Chairman),
Justice Sardar Muhammad Raza Khan,
Justice Ch. Ijaz Ahmed,
Dr. Allama Khalid Mahmood,
Allama Rashid Ahmad Jullundhari
|
| Lawyers |
Dr. Babar Awan,
Ibad-ur-Rehman Lodhi,
Malik Rab Nawaz Noon,
Ch. Munir Sadiq,
M.A. Zaidi
|
| Petitioners |
Muhammad Asghar,
Muhammad Shoaib,
Haroon Ahmed,
Shahla Firdous
|
| Respondents |
Akhtar Ali,
Sajjad Ali,
Mst. Naveeda Shaheen
|
| Citations |
2007 SLD 604,
2007 SCMR 846
|
| Other Citations |
Mushtaq Ahmad v. President, Special Military Court No.7, Karachi 1979 SCMR 282
|
| Laws Involved |
Offence of Zina (Enforcement of Hudood) Ordinance, 1979,
Constitution of Pakistan, 1973,
Criminal Procedure Code (V of 1898)
|
| Sections |
10(4),
203DD(2) proviso,
203F(2B),
417(2)
|