| Case ID |
100c4316-a81d-4421-bec2-eadd44fa28c0 |
| Body |
View case body. Login to View |
| Case Number |
Criminal Reference No. 87 of 1973 |
| Decision Date |
May 31, 1974 |
| Hearing Date |
Jun 14, 1972 |
| Decision |
The Sindh High Court accepted the reference and set aside the order of the learned Magistrate under section 117 (3) of the Code of Criminal Procedure. The court noted that the learned Magistrate's order was routine and lacked independent inquiry or the opportunity for the respondents to cross-examine witnesses. The court emphasized that the evidence presented did not justify immediate measures for public safety, and thus, the respondents were to be released from custody. |
| Summary |
In the case of Criminal Reference No. 87 of 1973, the Sindh High Court dealt with the arrest of two respondents by police under suspicious circumstances. The court analyzed the legality of the Magistrate's order requiring the respondents to furnish bonds for their release. Key issues included the lack of independent inquiry and the failure to provide an opportunity for cross-examination, which are crucial for ensuring justice. The decision emphasized the importance of adhering to procedural safeguards to protect individual rights. Keywords include public safety, judicial procedures, criminal law, and due process, which are relevant in discussions about the legal system and its implementation. The court's ruling reinforces the necessity for thorough judicial oversight in cases involving potential deprivation of liberty. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
TUFAIL ALI A. REHMAN, C.J
|
| Lawyers |
Not available
|
| Petitioners |
State
|
| Respondents |
Shahan And Anothers
|
| Citations |
1975 SLD 1059,
1975 PCRLJ 630
|
| Other Citations |
Not available
|
| Laws Involved |
Code of Criminal Procedure
|
| Sections |
109,
112,
117
|