| Case ID |
15570204-80af-4c0b-9f53-1c03607c2ebd |
| Body |
View case body. Login to View |
| Case Number |
Criminal Appeal No. 14/K of 1994 |
| Decision Date |
Apr 23, 1994 |
| Hearing Date |
|
| Decision |
The Federal Shariat Court ruled that it lacked jurisdiction to hear the appeal of Muhammad Abbas, who was convicted under Article 4 of the Prohibition (Enforcement of Hadd) Order, 1979, and sentenced to two years rigorous imprisonment and a fine of Rs.5,000. The Court clarified that the term of imprisonment considered for appeals must exceed two years, and since the sentence did not meet this threshold, the appeal was dismissed. The memorandum of appeal was to be returned to the appellant for filing before a Court of competent jurisdiction, if advised. The Court did not express any opinion on the merits of the case, emphasizing its jurisdictional limitations. |
| Summary |
In the case of Muhammad Abbas vs The State, the Federal Shariat Court addressed the jurisdictional limits of appeals under the Prohibition (Enforcement of Hadd) Order, 1979. The appellant, Muhammad Abbas, was convicted and sentenced to two years of rigorous imprisonment, which did not exceed the threshold required for the Federal Shariat Court to hear appeals. The Court reiterated that only sentences exceeding two years fall within its jurisdiction. This ruling highlights the importance of understanding legal frameworks, particularly in the context of appeal rights and jurisdictional authority. The case is significant for legal practitioners and scholars studying the implications of the Prohibition Order and constitutional provisions concerning judicial appeals. The decision underscores the necessity for defendants to seek remedies in the appropriate courts as per the law. Keywords: Federal Shariat Court, Prohibition Order, legal jurisdiction, appeal rights, constitutional law. |
| Court |
Federal Shariat Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD ILYAS, J,
MUHAMMAD ABBAS
|
| Lawyers |
Not available
|
| Petitioners |
Muhammad Abbas
|
| Respondents |
The State
|
| Citations |
1994 SLD 1062,
1994 PLD 46
|
| Other Citations |
Maqsood v. The State Criminal Appeal No. 62/1 of 1994
|
| Laws Involved |
Prohibition (Enforcement of Hadd) Order, 1979,
Constitution of Pakistan, 1973
|
| Sections |
27(1),
4,
203-DD
|