| Case ID |
306f4a23-391c-4191-a83a-a41a4d493650 |
| Body |
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| Case Number |
Criminal Appeal No. 46 of 1954 |
| Decision Date |
Jan 17, 1955 |
| Hearing Date |
Jan 07, 1955 |
| Decision |
The Supreme Court of Pakistan set aside the order of the Chief Court of Sind that dismissed the application of Abdul Karim Butt for the expunging of remarks made against him by Mr. Leghari, Additional City Magistrate. The Court held that the dismissal was unjust as the appellant had not been heard on the merits of his application. The case was remanded to the Chief Court for a substantive hearing on the merits, emphasizing the importance of a fair hearing in judicial proceedings. |
| Summary |
In the landmark case of Abdul Karim Butt vs. The Crown, the Supreme Court of Pakistan addressed critical issues surrounding the expungement of remarks made by a magistrate. The appellant, Abdul Karim Butt, sought to remove derogatory comments that had implications for his integrity and professional standing as a bank officer. The case stemmed from allegations of fraud involving foreign exchange transactions, where the appellant was cited in a discharge order. The Supreme Court emphasized the necessity of due process, stating that dismissing the application without a merit hearing was a violation of the appellant's rights. The ruling underlined the principles of justice and the significance of protecting individuals from unsubstantiated judicial remarks that could tarnish their reputation. This decision not only vindicated the appellant but also reinforced the judicial system's commitment to fairness and accountability, setting a precedent for future cases regarding the expungement of court remarks. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
State Bank of Pakistan,
Muslim Commercial Bank Ltd.,
Pakistan Special Police Establishment
|
| Judges |
MUHAMMAD MUNIR, C.J.,
A. S. M. AKRAM,
MUHAMMAD SHARIF, JJ
|
| Lawyers |
Qadeer-ud-Din, Advocate,
S. Nasir-ud-Din, Advocate
|
| Petitioners |
ABDUL KARIM BUTT
|
| Respondents |
THE CROWN
|
| Citations |
1969 SLD 287,
1969 SCMR 881
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898)
|
| Sections |
561
|