| Case ID |
09ace944-e31d-4b85-8eaa-61712d41ecc0 |
| Body |
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| Case Number |
Criminal Miscellaneous Application No. 253 of 1978 |
| Decision Date |
Aug 06, 1978 |
| Hearing Date |
May 23, 1978 |
| Decision |
The Sindh High Court quashed the proceedings against Khuda Bux and nine others after determining that the delay of 16 years in the trial process constituted an abuse of the court's process. The court found that the complainant had died and witnesses were untraceable, making it unlikely for the case to proceed. The court emphasized that mere delay is not sufficient for quashment unless it is shown that continuing the proceedings would defeat the ends of justice. The inherent powers of the High Court were invoked to prevent a miscarriage of justice due to the prolonged delay. |
| Summary |
In this significant case from the Sindh High Court, the court addressed the critical issue of delay in criminal proceedings, establishing a precedent on the abuse of court process due to inordinate delays. The petitioners, Khuda Bux and others, faced a shocking 16-year delay in their trial for serious charges including abduction and murder. The court ruled that the prolonged proceedings, exacerbated by the death of the complainant and the unavailability of witnesses, warranted the quashment of the case under Section 561 A of the Criminal Procedure Code. This ruling underscores the importance of timely justice in the legal system, highlighting that justice delayed can lead to injustice. The decision reflects a growing recognition of the need for efficiency in the judicial process, particularly in criminal matters where the stakes are high. The court's invocation of inherent powers to protect the rights of the accused is a vital aspect of upholding justice. This case serves as a critical reminder of the balance between procedural integrity and the fundamental rights of individuals within the legal framework. Keywords: delay in justice, quashment of proceedings, abuse of process, criminal law, Sindh High Court. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MUSHTAK ALI KAZI, J
|
| Lawyers |
Aftab Ahmed Akhund,
R. A. Qureshi
|
| Petitioners |
KHUDA BUX,
AND 9 OTHERS
|
| Respondents |
THE STATE
|
| Citations |
1979 SLD 84,
1979 PLD 17
|
| Other Citations |
State v. Shakoor Hashim Patel and others P L D 1960 Kar. 926,
State v. Amanat Ali and another P L D 1963 Kar. 110,
Abdul Haq v. The State P L D 1964 Lah. 246,
Ali Sher v. Mir Muhammad P L D 1957 Lah. 837,
Muhammad Hussain v. State P L D 1959 Lah. 322,
Ghulam Qadir Khan v. State P L D 1963 Lah. 32,
Muhammad Mustafa Khan v. The State P L D 1965 Kar. 237,
M. S. Khawaja v. The State P L D 1966 S C 287,
Ghulanr Muhammad v. Muzammil Khan and 4 others P L D 1967 S C 317,
Ahrar Muhammad and others v. The State P L D 1974 S C 224
|
| Laws Involved |
Criminal Procedure Code (V of 1898)
|
| Sections |
561 A
|