| Case ID |
173eed07-af96-4015-9dbf-1dbe543e54cf |
| Body |
View case body. Login to View |
| Case Number |
Judicial Criminal Appeal No. 1184-P with Criminal |
| Decision Date |
Dec 23, 2019 |
| Hearing Date |
Dec 23, 2019 |
| Decision |
The appeal filed by Shah Zal against the judgment of the erstwhile FATA Tribunal was dismissed. The court held that the sentences awarded to the appellant had already attained finality before the promulgation of the 25th Constitutional Amendment, which repealed the Frontier Crimes Regulation. The court ruled that the right of appeal was a substantive right that could not be assumed unless expressly provided by statute. The earlier sentences remained valid and enforceable under Article 264 of the Constitution, ensuring that the repeal of the FCR did not affect the punishment imposed on the appellant. Consequently, the appeal was found to be meritless and non-maintainable. |
| Summary |
This case revolves around the criminal appeal of Shah Zal against his conviction by the Political Agent Kurram Agency for triple murder under the Penal Code and the Frontier Crimes Regulation. The appeal was dismissed by the Peshawar High Court, which determined that the sentences had attained finality before the repeal of the Frontier Crimes Regulation. The court emphasized that the right to appeal must be explicitly granted by statute, reaffirming the finality of the earlier convictions. The ruling highlighted the importance of Article 264 of the Constitution, which protects prior convictions and sentences despite legislative changes. This case serves as a critical reference for understanding the interplay between constitutional law and criminal procedure in Pakistan, particularly in the context of repealed laws and their implications on existing convictions. Keywords: criminal appeal, Peshawar High Court, Frontier Crimes Regulation, Penal Code, constitutional law, legal proceedings. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
WIQAR AHMAD, JUSTICE
|
| Lawyers |
Abdul Hashim Khan for Appellant,
Syed Sikandar Hayat Shah, A.A.G. for the State
|
| Petitioners |
SHAH ZAL
|
| Respondents |
THE STATE
|
| Citations |
2021 SLD 345,
2021 YLR 202
|
| Other Citations |
Muhammad Arif and another v. The State and another 1993 SCMR 1589,
Wicks v. Director of Public Prosecutions (1947),
Province of East Pakistan v. Sharafatullah PLD 1970 SC 514,
Mubarak Shah v. The State 1990 PCr.LJ 1796,
Sher Muhammad alias Shera v. The State PLD 1990 Kar. 271,
Hakim Ali Zardari v. The State and another PLD 1998 SC 1,
PLD 1967 SC 187,
1992 SCMR 602,
1996 SCMR 237,
Syed Masroor Shah and others v. The State PLD 2005 SC 173
|
| Laws Involved |
Penal Code (XLV of 1860),
Frontier Crimes Regulation (III of 1901)
|
| Sections |
302,
307,
34,
11
|