| Case ID |
1656f92b-5dbd-4301-9d8b-6ad268bd839a |
| Body |
View case body. Login to View |
| Case Number |
Crl. P.L.A. No.17-K of 2007 and Crl. P.L.A. No.18- |
| Decision Date |
Feb 26, 2007 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan granted leave to appeal against the impugned order of the Sindh High Court, which had dismissed criminal revision petitions filed by the State against the orders of acquittal. The Court noted that the High Court's view appeared hyper-technical and emphasized that a party should not be non-suited merely due to incorrect citation of law provisions. The decision highlighted the importance of procedural fairness in legal proceedings and allowed the appeals to proceed, thereby addressing the legal issues surrounding the orders of acquittal. |
| Summary |
In the case of Crl. P.L.A. No.17-K of 2007 and Crl. P.L.A. No.18-K of 2007, the Supreme Court of Pakistan addressed the dismissal of criminal revision petitions by the Sindh High Court. The petitions were filed by the State against acquittals made by a competent court. The Supreme Court found the High Court's decision to be overly technical, emphasizing that legal proceedings should prioritize justice over procedural missteps. This case underscores the critical balance between adherence to procedural law and the fundamental rights of the parties involved. The Court's ruling is significant in reinforcing the principle that parties should not be penalized for technical errors in legal citations, which can often lead to unjust outcomes. The decision serves as a reminder of the judiciary's role in ensuring that justice prevails, even when faced with procedural complexities. This case is relevant for legal practitioners and scholars interested in criminal law, procedural justice, and the interpretation of legal statutes in Pakistan. It highlights the importance of a fair trial and the need for courts to act judiciously in the interests of justice. Keywords: Supreme Court, criminal law, justice, procedural fairness, legal citation, Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
RANA BHAGWANDAS,
ABDUL HAMEED DOGAR
|
| Lawyers |
Dr. Qazi Khalid Ali, Additional Advocate-General, Sindh
|
| Petitioners |
THE STATE through Advocate General, Sindh
|
| Respondents |
ZAHID ALI,
AFTAB AHMAD
|
| Citations |
2007 SLD 1550,
2007 SCMR 1017
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Constitution of Pakistan (1973)
|
| Sections |
439,
417,
185(3)
|