| Case ID |
32515ce8-5413-4850-8567-467010fe8558 |
| Body |
View case body. Login to View |
| Case Number |
|
| Decision Date |
Jun 13, 1989 |
| Hearing Date |
|
| Decision |
ALI HUSSAIN QAZILBASH, J.--These three petitions for leave to appeal arise from the judgment of a learned Division Bench of the Lahore High Court, dated 29-5-1988. Leave is granted to consider all the questions raised, including whether the provisions of section 103, Cr.P.C. had been flagrantly violated and as such the trial has been vitiated. |
| Summary |
In the landmark case cited as 1990 SLD 651 and 1990 SCMR 499, the Supreme Court of Pakistan addressed criminal petitions numbered 87-R, 286-R, and 287 of 1988, along with criminal appeals numbers 52 to 54 of 1989. The decision, rendered on June 13, 1989, was presided over by Justices Shafiur Rahman, Ali Hussain Qazilbash, and Naimuddin. The petitioners, Abdur Rashid and two others, challenged their convictions under the Penal Code sections 489-A to 489-D and Criminal Procedure Code section 103, asserting violations that allegedly vitiated the trial. Represented by advocates Harz SA Rehman, Manzoor Ilahi, Raja Muhammad Anwar, Muhammad Aslam Chaudhry, and Ijaz Hussain Batalvi, the petitioners sought leave to appeal regarding the conduct of the trial and application of relevant legal provisions. The State was represented by Nemo across the respective criminal petitions. The court reviewed the procedural aspects, including arrests, evidence collection, and the conduct of the lower courts. Upon deliberation, the Supreme Court granted leave to appeal, highlighting significant concerns about the adherence to legal protocols and the integrity of the trial process. This decision underscores the judiciary's role in ensuring justice and the proper application of law, particularly in cases involving serious criminal charges under Pakistan's penal and procedural statutes. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SHAFIUR RAHMAN,
ALI HUSSAIN QAZILBASH,
NAIMUDDIN
|
| Lawyers |
Harz SA. Rehman,
Manzoor Ilahi,
Nemo,
Raja Muhammad Anwar,
Muhammad Aslam Chaudhry,
Ijaz Hussain Batalvi
|
| Petitioners |
2 others,
ABDUR RASHID
|
| Respondents |
THE STATE
|
| Citations |
1990 SLD 651 = 1990 SCMR 499
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860),
Criminal Procedure Code (V of 1898)
|
| Sections |
489-A,
489-B,
489-C,
489-D,
489-E,
103
|