| Case ID |
209a49e4-ac24-4f58-bfc3-ddf29f849bb9 |
| Body |
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| Case Number |
C.P.L.A. No.3271-L/2002 |
| Decision Date |
Dec 17, 2002 |
| Hearing Date |
Dec 17, 2002 |
| Decision |
The Supreme Court of Pakistan dismissed the petition for leave to appeal against the Lahore High Court's decision, which had ruled that the petitioner, Amjad Khan, was to be tried as an adult rather than a minor despite claims regarding his juvenile status. The Court found no illegality in the High Court's order, which relied on a medical board's report to determine the age of the accused. The petitioner's arguments were not sufficient to overturn the previous rulings, and the lengthy delay in proceedings was noted. The decision emphasizes the importance of age determination in criminal cases and the implications for juvenile justice. |
| Summary |
In this significant case, the Supreme Court of Pakistan addressed the issue of age determination in criminal proceedings, particularly in the context of juvenile justice. The petitioner, Amjad Khan, argued for trial by a Juvenile Court based on claims of being a minor at the time of the alleged offense, which occurred on December 26, 2000. The Court noted that nearly two years had passed without trial proceedings. The Lahore High Court had previously accepted the report of a medical board, which both parties agreed upon, leading to the conclusion that the petitioner should be tried as an adult. This ruling highlights the critical nature of accurate age assessment in legal contexts and the challenges faced when delays occur in the judicial process. The case underscores the balance between ensuring timely justice and adhering to the legal standards for age determination in criminal cases. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
TANVIR AHMED KHAN,
FALAK SHER
|
| Lawyers |
Ch. Ghulam Hussain, Advocate Supreme Court,
Ch. Mehdi Khan Mehtab, Advocate-on-Record
|
| Petitioners |
AMJAD KHAN
|
| Respondents |
MUMTAZ KHAN and others
|
| Citations |
2005 SLD 1471 = 2005 SCMR 1734
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
Art. 185(3)
|