| Case ID |
216931a8-a225-4507-abf6-a24684c33c91 |
| Body |
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| Case Number |
Criminal Appeal No. 981 of 1958 |
| Decision Date |
Mar 04, 1959 |
| Hearing Date |
Mar 02, 1959 |
| Decision |
The appeal by Alam Khan was upheld as the proceedings taken by Mian Abdus Sattar, who acted as a Special Judge, were deemed null and void due to his lack of qualifications under the Pakistan Criminal Law (Amendment) Act, 1958. The court concluded that the Special Judge had not met the necessary qualifications stipulated in the law after 23rd September 1958, and thus all proceedings from that date were without jurisdiction. As a result, the conviction and sentence imposed on the appellant were set aside, and the case was remanded for retrial by a competent court. The appellant was granted bail pending retrial, requiring a personal bond of Rs. 5,000. |
| Summary |
This case revolves around the appeal of Alam Khan, who was convicted under section 161 of the Pakistan Penal Code and sentenced to rigorous imprisonment and a fine. The core issue was the validity of the conviction given that the presiding judge, Mian Abdus Sattar, lacked the necessary qualifications to act as a Special Judge under the Pakistan Criminal Law (Amendment) Act, 1958. The court found that all proceedings conducted after the effective date of the Act were null and void, leading to the decision to set aside the conviction and remand the case for retrial. This case underscores the importance of adherence to legal qualifications for judges to ensure the integrity of judicial proceedings. Keywords include Lahore High Court, Criminal Appeal, Special Judge qualifications, Pakistan Criminal Law, retrial. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
S. A. Mahmood, Justice
|
| Lawyers |
Said Akbar for Appellant,
Maqbool Ahmad, P. P. Spl. P. E. and Abid Hassan Minto for A. G. for Respondent
|
| Petitioners |
Alam Khan
|
| Respondents |
The State
|
| Citations |
1959 SLD 46,
1959 PLD 331
|
| Other Citations |
Not available
|
| Laws Involved |
Pakistan Criminal Law (Amendment) Act, 1958,
Pakistan Criminal Law (Amendment) Act, 1948,
General Clauses Act, 1897
|
| Sections |
3(2)(b),
14,
24
|