| Case ID |
2de23318-5f24-4311-800c-6c9ef0e8be1c |
| Body |
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| Case Number |
Crl. P. No. 211 of 2003 |
| Decision Date |
Oct 22, 2003 |
| Hearing Date |
Oct 22, 2003 |
| Decision |
The Supreme Court of Pakistan dismissed the petition of Haji Aurangzeb concerning the exemption from appearance in court for his co-accused Muhammad Siddiq. The court found that the application for exemption was filed without the proper authorization from the accused. It emphasized that the presence of the accused is a necessary condition for claiming exemption, which was not fulfilled in this case. The court reiterated that exemption cannot be claimed as a matter of right and must be granted at the court's discretion, based on valid reasons. The decision highlighted the importance of personal attendance during criminal trials and the legal implications of absence without prior permission. |
| Summary |
In the case of Haji Aurangzeb v. Mushtaq Ahmad, the Supreme Court of Pakistan addressed critical issues surrounding the Criminal Procedure Code, particularly sections 540-A and 561-A. The case revolved around the application for exemption from court appearance filed on behalf of Muhammad Siddiq, a co-accused who had left the country for employment without the court's permission. The court underscored that exemption from appearance is an exception to the general rule requiring the physical presence of accused individuals during trial proceedings. The ruling emphasized that such exemptions should be granted only under specific conditions and with the necessary authorization from the accused. The Supreme Court ultimately dismissed the petition, reinforcing the principle that the accused must be present to claim exemption and that the absence of the presiding officer does not constitute a valid reason for exemption. This case sheds light on the procedural aspects of criminal trials in Pakistan and the necessity for adherence to legal protocols. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Mian Muhammad Ajmal,
Sardar Muhammad Raza Khan,
Karamat Nazir Bhandari
|
| Lawyers |
Mushtaq Alt Tahir Kheli,
Ch. Akhiar Ali
|
| Petitioners |
Haji Aurangzeb
|
| Respondents |
Mushtaq Ahmad
|
| Citations |
2004 SLD 3211,
2004 PLJ 533
|
| Other Citations |
2002 PCr.LJ 947,
1989 PCr.LJ 1652,
PLD 1993 Peshawar 155,
1980 PCr.LJ 1
|
| Laws Involved |
Criminal Procedure Code, 1898
|
| Sections |
540-A,
561-A
|