| Case ID |
16dece73-95ea-47fa-a35b-1fc7793e348e |
| Body |
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| Case Number |
Criminal Revision Application No. 177 of 1973 |
| Decision Date |
Feb 08, 1974 |
| Hearing Date |
|
| Decision |
The court quashed the order passed by the Sub-Divisional Magistrate on 15-9-1973, acknowledging the legal infirmity due to the absence of recorded evidence and improper evaluation of the sureties. However, the main proceedings under section 107, Cr. P. C. were not quashed and were to continue before the Sub-Divisional Magistrate. |
| Summary |
In the landmark case of Sajjad Mir and 2 Others vs The State, adjudicated by the Sindh High Court on February 8, 1974, the court meticulously examined the legality of the Sub-Divisional Magistrate's actions under sections 107 and 117 of the Criminal Procedure Code (Cr. P. C.). The petitioners, Sajjad Mir, Mushtaq Ahmed, and Shaikh Muhammad Iqbal, were initially remanded into custody following the issuance of bailable warrants due to alleged activities detrimental to public peace. The Magistrate's subsequent order to secure additional sureties was challenged by the petitioners' advocate, Saleem Haqqani, on grounds of legal infirmity and lack of requisite evidence.
The court delved deep into the procedural adherence of the Magistrate's orders, highlighting the critical importance of judicial discretion being backed by concrete evidence, especially under emergency provisions like section 117(3), Cr. P. C. Citing precedents such as Bachal Samaho Nohriyo and others v. Emperor and The State v. Hyder, the court underscored that orders of this nature cannot be based solely on police reports without proper investigative evidence. The rejection of the sureties on non-financial grounds was deemed untenable, leading to the quashing of the Magistrate's order dated 15-9-1973.
This decision not only reinforced the necessity for lawful procedure and evidence-based judicial actions but also emphasized the protection of individuals' liberties against arbitrary detention. The ruling serves as a pivotal reference for ensuring that judicial authorities uphold the highest standards of legal scrutiny, especially in cases involving public peace and individual rights. The case remains significant for legal practitioners and scholars, highlighting the balance between state authority and individual freedoms within the framework of Pakistani criminal law. |
| Court |
Sindh High Court
|
| Entities Involved |
The State,
Mushtaq Ahmed,
Sajjad Mir,
Shaikh Muhammad Iqbal
|
| Judges |
ABDUL HAQEE KURESHI, J
|
| Lawyers |
Saleem Haqqani,
State counsel
|
| Petitioners |
Mushtaq Ahmed,
Sajjad Mir,
Shaikh Muhammad Iqbal
|
| Respondents |
The State
|
| Citations |
1975 SLD 954,
1975 PCRLJ 532
|
| Other Citations |
Bachal Samaho Nohriyo and others v. Emperor,
The State v. Hyder
|
| Laws Involved |
Criminal Procedure Code
|
| Sections |
107,
117,
406-A
|