| Case ID |
2166ca61-8db1-4cab-b791-c01b82232c2c |
| Body |
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| Case Number |
Criminal Petition for Special Leave to Appeal No. |
| Decision Date |
May 10, 1980 |
| Hearing Date |
May 10, 1980 |
| Decision |
The Supreme Court of Pakistan dismissed the petition for special leave to appeal filed by QADAR DAD. The petitioner sought quashing of the criminal proceedings initiated against him, which had been refused by the Baluchistan High Court. The Supreme Court upheld the High Court's decision, emphasizing that the inherent jurisdiction under Section 561 A of the Criminal Procedure Code is not to be used to divert or interrupt the ordinary course of criminal procedure. The Court referenced the precedent set in Ghulam Muhammad v. Muzammal Khan (P L D 1967 S C 320), reiterating that the High Court should be extremely reluctant to interfere where a competent court has established a prima facie case based on the evidence presented. The Court found no infirmity in the High Court's refusal to quash the proceedings, noting that the petitioner failed to demonstrate that the charges or the evidence did not disclose any offense. Additionally, the Court dismissed concerns regarding the petitioner's apprehension about bail, stating that the issue of bail was not before them and would be considered based on merits and the law. Consequently, the petition was dismissed in favor of maintaining the integrity of the established legal procedures. |
| Summary |
In the landmark case of QADAR DAD vs. SHER MUHAMMAD and ANOTHER, adjudicated by the Supreme Court of Pakistan on May 10, 1980, the petitioner sought special leave to appeal against the Baluchistan High Court's refusal to quash criminal proceedings initiated under the Criminal Procedure Code (V of 1898). The central issue revolved around the High Court's application of its inherent powers under Section 561 A to quash the proceedings, which the petitioner argued was an overreach intended to disrupt the ordinary course of criminal justice. The Supreme Court meticulously analyzed the application of Sections 5614, 561 A, and 439 of the Criminal Procedure Code, underscoring that the inherent jurisdiction is a safeguard to redress grievances where no other legal remedy exists and should not be used to divert from standard criminal procedures. Citing the precedent set in Ghulam Muhammad v. Muzammal Khan (P L D 1967 S C 320), the Court emphasized the necessity of a prima facie case established by competent courts before interference could be considered. The petitioner’s claims of unfair treatment and grievances against law enforcement were evaluated but found insufficient to warrant the quashing of the proceedings. The Court also addressed concerns regarding bail, clarifying that such matters are subject to judicial discretion based on the merits of each case. The decision reinforced the judiciary's commitment to upholding the rule of law and ensuring that inherent powers are exercised judiciously, without encroaching on the procedural statutes that govern criminal litigation. This verdict is pivotal in delineating the boundaries of judicial interference and preserving the integrity of established legal processes. Legal experts and practitioners view this case as a cornerstone in understanding the limitations and appropriate applications of inherent jurisdiction within Pakistani jurisprudence. The case underscores the Supreme Court's role in maintaining a balance between safeguarding individual rights and ensuring the efficacy of the criminal justice system. As such, QADAR DAD vs. SHER MUHAMMAD serves as a critical reference for similar petitions seeking judicial intervention in ongoing criminal proceedings, emphasizing the necessity for clear and compelling justifications grounded in legal statutes and precedents. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Ghulam Muhammad,
Muzammal Khan,
Muhammad Ali Khosa,
Zafar Farooqi,
Syed Inayat Hussain,
Ahmed Bashir
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
NASIM HASAN SHAH,
ABDUL KADIR SHEIKH
|
| Lawyers |
S. M. Zafar,
Syed Inayat Hussain,
Basharatullah
|
| Petitioners |
QADAR DAD
|
| Respondents |
ANOTHER,
SHER MUHAMMAD
|
| Citations |
1980 SLD 378,
1980 SCMR 843
|
| Other Citations |
Ghulam Muhammad v. Muzammal Khan P L D 1967 S C 320
|
| Laws Involved |
Criminal Procedure Code (V of 1898)
|
| Sections |
S. 5614,
S. 561 A,
S. 439,
S. 116 B,
S. 148,
S. 323,
S. 364,
S. 386,
S. 506(2)
|