| Case ID |
15665aa3-dbed-447b-8de8-710538851932 |
| Body |
View case body. Login to View |
| Case Number |
Criminal Appeal No. 7 of 1970 |
| Decision Date |
Nov 09, 1973 |
| Hearing Date |
Oct 22, 1973 |
| Decision |
The Supreme Court of Pakistan ruled that the High Court's decision to quash the proceedings against Muhammad Yousuf was illegal and uncalled for. The Court found that the notification dated 7th January 1924, which invested all Magistrates of the First Class with powers under section 8(1) of the Reformatory Schools Act, was valid. The Court held that the trying Magistrate acted under the Punjab Borstal Act and was not required to be specifically named in the notification to exercise the powers. The Court also clarified that the proceedings could not be quashed merely because the Magistrate was not competent to order detention in a Borstal Institution. The Supreme Court reduced the period of detention to the time already served by the respondent, as the conviction under section 380 of the Pakistan Penal Code was confirmed. |
| Summary |
In this significant case, the Supreme Court of Pakistan addressed the validity of a notification that empowered Magistrates under the Reformatory Schools Act, 1897. The case involved a young offender, Muhammad Yousuf, who was convicted under section 380 of the Pakistan Penal Code. The key issue was whether the Magistrate had the authority to impose a detention order in a Borstal Institution. The Supreme Court emphasized the importance of the notification and clarified that it was sufficient for empowering Magistrates generally without needing individual names. The Court's decision reinforced the legal framework surrounding juvenile justice in Pakistan, highlighting the balance between administrative efficiency and legal jurisdiction. The ruling also demonstrated the Court's commitment to ensuring that procedural requirements do not obstruct justice. This case serves as a precedent for future cases involving the powers of Magistrates and the treatment of youthful offenders under the law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
HAMOODUR RAHMAN, C.J.,
WAHEEDUDDIN AHMAD,
SALAHUDDIN AHMED, J.
|
| Lawyers |
Kamal Mustafa Bukhari, Assistant Advocate General Punjab,
M. A. Bajwa, Advocate Supreme Court,
Ijaz Ali, Advocate-on-Record for the State,
Muhammad Shafi, Senior Advocate Supreme Court
|
| Petitioners |
THE STATE
|
| Respondents |
MUHAMMAD YOUSUF
|
| Citations |
1974 SLD 270,
1974 PLD 46
|
| Other Citations |
Abdul Hameed v. State P L D 1960 Lah. 85,
The Crown v. Mst. Jannat 29 P L R 536,
Emperor v. Udho and others A I R 1943 Sind 107
|
| Laws Involved |
Reformatory Schools Act, 1897,
Criminal Procedure Code, 1898,
Punjab Borstal Act, 1926
|
| Sections |
8(1),
8(2),
30,
39(1),
5
|