| Case ID |
2fdbe82a-d505-46c0-84bf-90f018f1e730 |
| Body |
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| Case Number |
Criminal Appeals Nos.77-K and 78-K of 1990 |
| Decision Date |
Jun 23, 1993 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the appeals challenging the acquittal of the accused under the Offences in Respect of Banks (Special Courts) Ordinance, 1984. The court emphasized that the right to appeal against acquittal must be explicitly provided by statute, which the Ordinance does not permit. It was determined that the powers of the High Court under sections 435 and 439 of the Criminal Procedure Code remain intact, enabling it to review the correctness of an order of acquittal. The court noted that the provisions of the Ordinance do not allow for an appeal against acquittal and that the jurisdiction of the High Court should not be curtailed by implication. Thus, the case was remanded to the High Court for examination on merits under its revisional jurisdiction. |
| Summary |
This case revolves around the jurisdictional complexities of appeals in criminal proceedings concerning acquittals by Special Courts under the Offences in Respect of Banks (Special Courts) Ordinance, 1984. The Supreme Court of Pakistan ruled that the right of appeal is a creature of statute, necessitating explicit provisions for its exercise. The court clarified that no appeal against an acquittal exists under the Ordinance, thus reinforcing the necessity for statutory clarity concerning the right to appeal. The decision highlights essential principles of criminal law, emphasizing the importance of defined legal pathways for appeals and the jurisdictional powers of the High Court. The ruling underscores the intricate relationship between statutory law and judicial review, establishing that higher courts retain the authority to examine acquittals even when specific appeal provisions are absent. Legal practitioners and scholars should take note of this case as it elucidates the boundaries of appellate rights and the interpretation of legislative intent within the context of criminal proceedings. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
The State,
Habib Bank Ltd.
|
| Judges |
SHAFIUR RAHMAN,
ABDUL QADEER CHAUDHRY,
MUHAMMAD AFZAL LONE
|
| Lawyers |
Advocate-General Sindh
|
| Petitioners |
HABIB BANK LTD.
|
| Respondents |
THE STATE,
Haroon Lakhani,
six others
|
| Citations |
1993 SLD 803,
1993 SCMR 1853
|
| Other Citations |
Halsbury's Laws of England, p. 363, para. 611,
Hari Meah v. The State PLD 1958 Dacca 333,
Hari Meah v. The State PLD 1959 SC 307,
Hussain Bakhsh v. Settlement Commissioner, Rawalpindi PLD 1970 SC 1,
Civil Petition for Leave to Appeal No. 430-K of 1988,
Allied Bank of Pakistan Ltd. v. Khalid Farooq 1991 SCMR 599,
Emperor v. Benoari Lall Sarma and others AIR 1943 FC 36,
Shahzad Hussain v. State PLD 1980 Lah. 54,
Altaf Hussain v. The State PLD 1985 Lah. 10,
State v. Qaim Ali Shah 1992 SCMR 2192,
Abdul Hafeez v. The State PLD 1981 SC 352
|
| Laws Involved |
Offences in Respect of Banks (Special Courts) Ordinance (IX of 1984),
Code of Criminal Procedure (V of 1898)
|
| Sections |
10,
2(b),
6(1),
5(8),
12,
1(2),
5(2),
435,
439
|