| Case ID |
30b1e62c-3326-4f59-81a9-1587c4a6fb0f |
| Body |
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| Case Number |
Criminal Petitions Nos. 60-P to 62-P of 1997 |
| Decision Date |
Feb 04, 1998 |
| Hearing Date |
Feb 04, 1998 |
| Decision |
The Supreme Court of Pakistan dismissed the petitions for leave to appeal, affirming the decision of the Peshawar High Court which quashed the proceedings against the respondents due to inordinate delay and lack of evidence. The Court noted a significant delay of 15-16 years in the prosecution of the case, which constituted an abuse of the process of the Court. The Court emphasized that the trial Court should have been approached first, but upheld the High Court's decision to quash the proceedings under section 561-A of the Criminal Procedure Code, given the circumstances. |
| Summary |
This case revolves around the quashing of proceedings against several accused individuals due to significant delays in the judicial process. The Supreme Court of Pakistan reviewed the application of sections 249-A, 265-K, and 561-A of the Criminal Procedure Code, which provide mechanisms for the acquittal of accused individuals at various stages of trial. The case highlighted the importance of timely justice and the detrimental effects of prolonged delays on the accused. The Court's decision reinforces the principle that justice delayed is justice denied, and the legal system must ensure that proceedings are conducted without unnecessary delays. Keywords: quashing of proceedings, Criminal Procedure Code, Supreme Court of Pakistan, judicial delays, timely justice, legal principles. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD BASHIR,
JEHANGIRI,
ABDUR REHMAN KHAN
|
| Lawyers |
Muhammad Azam Khan, Advocate-General, N.W.F.P.,
Haji M.A. Qayyum Mazhar, Advocate-on-Record
|
| Petitioners |
STATE through Advocate General, N.W.F.P. Peshawar
|
| Respondents |
NIAZ MUHAMMAD,
GULZAR MUHAMMAD,
MAJ. (RETD.) MUHAMMAD SATTER KHAN
|
| Citations |
1998 SLD 1435 = 1998 SCMR 873
|
| Other Citations |
Khushi Muhammad and others v. State 1979 SCMR 94,
Syed Manzoor Hussain Shah v. Syed Agha Hussain Naqvi and another 1983 SCMR 775,
Mian Munir Ahmad v. The State 1985 SCMR 257,
Ghulam Muhammad v. Muzammal Khan and 4 others PLD 1967 SC 317,
R.C.P. Guignard v. The State and another PLD 1963 Kar. 868,
Raja Haq Nawaz v. Muhammad Afzal and 4 others 1971 SCMR 698,
Ghulam Qadir Khan v. The State PLD 1963 (W.P.) Lah. 32,
Naseem Haider Jafry and 4 others v. The State PLD 1977 SC 49
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860),
Constitution of Pakistan (1973)
|
| Sections |
249-A,
265-K,
561-A,
409,
185(3)
|