| Case ID |
1b657262-a143-4c3a-b014-f16230f37e6d |
| Body |
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| Case Number |
Criminal Appeal No.12 of 1991 |
| Decision Date |
Nov 13, 1991 |
| Hearing Date |
Nov 12, 1991 |
| Decision |
The Supreme Court of Pakistan accepted the appeal by the State against the acquittal of Asghar Ali, Gul Muhammad, and Muhammad Ashraf, which was made by the Special Court for Speedy Trials. The Court found that the trial judge failed to apply proper judicial scrutiny, resulting in a miscarriage of justice. The case was remanded for retrial, emphasizing the need to summon additional witnesses to ensure a fair examination of the evidence presented by the prosecution. The Court highlighted the importance of addressing the serious nature of the charges and applying the law with diligence to prevent any further injustice. |
| Summary |
This case revolves around the appeal by the State against the acquittal of three accused individuals charged with serious offenses under the Penal Code. The Supreme Court underscored the significance of cases pertaining to the Special Courts for Speedy Trials Ordinance, which require heightened scrutiny due to their severe implications on public morality. The Court's decision to remand the case for retrial reflects a commitment to ensuring justice is served, particularly in instances where evidence may have been inadequately considered. The ruling emphasizes the necessity for courts to exercise their jurisdiction responsibly to prevent fraud and uphold the integrity of the judicial process. This case serves as a reminder of the critical role that legal representatives play in navigating complex criminal proceedings. Keywords such as 'criminal appeal', 'acquittal', 'judicial scrutiny', and 'Special Courts for Speedy Trials' are crucial for understanding the implications of this case in the broader context of legal proceedings in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
JUSTICE RUSTAM S. SIDHWA,
JUSTICE SARDAR MUHAMMAD DOGAR,
JUSTICE KHALILURREHMAN RAMDAY
|
| Lawyers |
Muhammad Nawaz Abbassi,
Sardar Muhammad Ishaque Khan
|
| Petitioners |
THE STATE
|
| Respondents |
MUHAMMAD ASHRAF,
ASGHAR ALI,
GUL MUHAMMAD
|
| Citations |
1993 SLD 502,
1993 SCMR 55
|
| Other Citations |
Not available
|
| Laws Involved |
Special Courts for Speedy Trials Ordinance, 1991,
Penal Code, 1860,
Criminal Procedure Code, 1898
|
| Sections |
5,
13(5),
365/34,
386/34,
476,
540
|