| Case ID |
0a7d8fff-21b8-4e45-bc80-6dc06cee79d5 |
| Body |
View case body. Login to View |
| Case Number |
Criminal Appeals Nos. 6, 41, 47, 27 with Criminal |
| Decision Date |
Apr 29, 1997 |
| Hearing Date |
|
| Decision |
The appeals filed by the complainants against the orders of acquittal passed by the Special Courts under the Suppression of Terrorist Activities Act, 1975 were dismissed. The court determined that the right of appeal was not granted to private complainants under the relevant provisions of law, leading to the conclusion that such rights could not be read into the legislation where they were not explicitly provided. Furthermore, the court emphasized that the right of appeal is a creation of statute and cannot be extended beyond what is expressly stated in law. |
| Summary |
This case involves multiple criminal appeals concerning acquittals under the Suppression of Terrorist Activities Act, 1975. The core legal issue revolved around whether private complainants possess the right to appeal against acquittal orders issued by Special Courts. The court analyzed various legal provisions, including those from the Criminal Procedure Code and the Suppression of Terrorist Activities Act, concluding that such rights were not granted to private complainants. This decision underscores the statutory constraints on appeal rights, emphasizing the legislative intent and the need for explicit legal provisions to confer such rights. The ruling highlights the importance of proper legislative framework in ensuring justice within the legal system, thereby aligning with principles of fairness and due process. The court recommended legislative amendments to address the apparent inequity faced by private complainants, suggesting a need for reform in the context of the law. Key terms include 'appeal rights', 'criminal law', 'legal reform', and 'justice system'. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
Sardar Muhammad Raza,
Malik Hamid Saeed
|
| Lawyers |
Sanaullah Khan Gandapur,
S.Zafar Abbas Zaidi,
Dost Muhammad Khan,
S.Saeed Hassan Sherazi
|
| Petitioners |
Others,
Faiz Muhammad
|
| Respondents |
Others,
Mehrab Shah
|
| Citations |
1997 SLD 97,
1997 PLD 166
|
| Other Citations |
Ghazi v. State PLD 1962 (W.P.) Lah. 662,
The State v. Hamtho 1971 SCMR 686,
Karam Dad v. Emperor AIR 1941 Lah. 414
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Suppression of Terrorist Activities (Special Courts) Act, 1975,
Pakistan Penal Code, 1860
|
| Sections |
5(2),
417(2A),
5(9),
7,
302,
302(34)
|