| Case ID |
1a3d5c73-854f-4ed6-8ba6-8fc52ce1b301 |
| Body |
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| Case Number |
Civil Appeal No. 2 of 2018 |
| Decision Date |
Jan 29, 2018 |
| Hearing Date |
Jan 17, 2018 |
| Decision |
The Supreme Court of AJ&K set aside the impugned order of the High Court which quashed FIR No. 91/2017 without providing the contesting parties an opportunity for hearing. The Court emphasized that the procedure laid down in the Azad Jammu and Kashmir High Court Procedure Rules, 1984 must be adhered to, which includes admitting the writ petition for regular hearing and providing an opportunity for filing written statements before a final decision can be made. The case was remanded back to the High Court for a fresh decision, ensuring compliance with statutory provisions and fair opportunity for all parties involved. |
| Summary |
In the case of Civil Appeal No. 2 of 2018, the Supreme Court of Azad Jammu and Kashmir addressed the improper quashing of FIR No. 91/2017 by the High Court concerning allegations of zina and kidnapping. The Court reiterated the importance of following established legal procedures, as per the High Court Procedure Rules, ensuring that all parties are given a fair chance to present their case. The ruling underscored the binding nature of Supreme Court decisions, emphasizing legal certainty and adherence to statutes to maintain public trust in the judiciary. This case highlights the critical balance between expedience and due process in legal proceedings, particularly in sensitive matters involving allegations of zina under the Hudood Ordinances. |
| Court |
Supreme Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
RAJA SAEED AKRAM KHAN,
MUHAMMAD SAJJAD KHAN
|
| Lawyers |
Shahzad Shaffi Awan,
Raja Imtiaz Latif,
Zubair Ahmed Raja
|
| Petitioners |
Not available
|
| Respondents |
3 OTHERS,
ABDUL QADOOS KHAN
|
| Citations |
2018 SLD 2072,
2018 YLR 1985
|
| Other Citations |
Mohammad Kamran Idrees v. Sarmad Ahmed and 4 others 2014 SCR 473,
Muhammad Reaz Akhtar Chaudhary v. Sardar Karam Dad Khan and 14 others 2015 SCR 92,
Maroof Baig v. Azad Government and 8 others 2016 SCR 1359,
Finance Department of AJ&K and 2 others v. Mazhar Iqbal 2003 SCR 155,
Nazir Ahmed and another v. The State and others PLD 2014 SC 241
|
| Laws Involved |
Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974),
Azad Jammu and Kashmir High Court Procedure Rules, 1984,
Azad Jammu and Kashmir Offence of Zina (Enforcement of Hudood) Act, 1985
|
| Sections |
42,
44,
32,
38,
10,
11,
19
|