| Case ID |
146e9fc9-3212-467a-97bd-c7a4cad92da6 |
| Body |
View case body. Login to View |
| Case Number |
Criminal Petitions Nos. 189, 191 and 215 of 2003 |
| Decision Date |
Sep 24, 2003 |
| Hearing Date |
Sep 24, 2003 |
| Decision |
The Supreme Court of Pakistan dismissed the criminal petitions for leave to appeal, stating that the High Court's judgment did not meet the mandatory requirements of the Criminal Procedure Code. The case was remanded for fresh hearing and judgment, emphasizing that the original case stands reopened for hearing and decision in accordance with law. The Court reiterated that a judgment must refer to points for determination, record decisions, and provide reasons for those decisions. The failure to specify these points was deemed an omission that prejudiced the accused's case. The remand order was upheld as being in line with existing laws and precedents. |
| Summary |
In the case of Criminal Petitions Nos. 189, 191, and 215 of 2003, the Supreme Court of Pakistan addressed critical issues related to the Criminal Procedure Code (CPC) and the powers of the appellate court. The Court highlighted the importance of adhering to procedural requirements, particularly Section 367 of the CPC, which mandates that judgments must explicitly state the points for determination and the reasons for the decisions made. The failure to comply with these requirements led to the dismissal of the petitions and the remand of the case for further proceedings. The ruling reinforces the principle that procedural irregularities can significantly impact the rights of the accused and the integrity of the judicial process. This case serves as a critical reference for legal practitioners regarding the necessity of thorough and compliant judicial decision-making. Keywords: Supreme Court, Criminal Procedure Code, appellate court, judicial process, legal practitioners. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SH. RIAZ AHMAD,
QAZI MUHAMMAD FAROOQ,
ABDUL HAMEED DOGAR
|
| Lawyers |
Mr. Muhammad Ilyas Siddiqui, ASC,
Mr. M.A. Zaidi, AOR,
Raja Muhammad Ibrahim Satti, ASC,
Mr. Shaukat Aziz Siddiqui, ASC,
Raja Abdul Ghafoor, AOR,
Syed Jafar Hashmi, Dy. Prosecutor General NAB,
Mr. M.S. Khattak, AOR
|
| Petitioners |
FARRUKH SAYYAR and others
|
| Respondents |
CHAIRMAN, NAB, ISLAMABAD and others
|
| Citations |
2004 SLD 3100,
2004 PLJ 6
|
| Other Citations |
Sahab Khan vs. State
|
| Laws Involved |
Criminal Procedure Code (V of 1898)
|
| Sections |
537,
423(b),
423(d)
|