| Case ID |
153150ea-1776-4f95-8780-9dd89a031d92 |
| Body |
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| Case Number |
Criminal Petitions Nos. 3-K to 6-K of 1998 |
| Decision Date |
Feb 12, 1998 |
| Hearing Date |
Feb 12, 1998 |
| Decision |
The Supreme Court of Pakistan granted leave to appeal to consider whether the High Court was obliged to examine the appeals of the accused on merits despite the counsel's submission not to assail the conviction. The Court noted that even if the appeal is not pressed on merits, the High Court has a duty to examine the evidence to ensure proper administration of justice. The decision emphasized the importance of judicial review and the obligation of the courts to scrutinize the merits of a case, regardless of the stance taken by the counsel representing the appellants. This case reinforces the principle that the courts must independently assess the legality of convictions to maintain justice. |
| Summary |
This case pertains to the interpretation of the obligations of the High Court when the counsel for the accused does not challenge the conviction but only the sentence imposed. The Supreme Court of Pakistan addressed the critical issue of whether the High Court was mandated to evaluate the merits of the case under these circumstances. The petitioners, convicted under the West Pakistan Arms Ordinance, sought to appeal against their sentences. The Court reiterated the necessity for judicial oversight to ensure that convictions are just and based on substantial evidence, thus promoting the rule of law. This ruling is significant in the context of criminal law and the rights of the accused, highlighting the judiciary's role in upholding justice irrespective of the procedural choices made by legal representatives. Keywords include 'criminal law', 'judicial review', 'High Court obligations', 'conviction appeal', 'legal representation', 'justice administration', and 'evidence examination'. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
AJMAL MIAN, C.J.,
MAMOON KAZI, J
|
| Lawyers |
Sardar Muhammad Ishaque, Advocate Supreme Court
|
| Petitioners |
and 3 others,
RAEES AHMAD alias GUDDO
|
| Respondents |
THE STATE
|
| Citations |
1998 SLD 729,
1998 SCMR 1369
|
| Other Citations |
Abdul Siddique v. The State 1971 SCMR 628
|
| Laws Involved |
West Pakistan Arms Ordinance, 1965,
Constitution of Pakistan, 1973
|
| Sections |
13(e),
185(3)
|