| Case ID |
37e8117c-b8c1-4355-90ba-5606d8a678a3 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition No. D-975, Civil Miscellaneous Appl |
| Decision Date |
Mar 17, 1998 |
| Hearing Date |
|
| Decision |
The Sindh High Court dismissed the constitutional petition filed by the petitioners, asserting that the petition was not maintainable under Article 199 of the Constitution. The court emphasized that the petitioners should challenge the order of detention under Section 561-A of the Criminal Procedure Code. The court noted that the Anti-Terrorism Court had jurisdiction over the offences alleged, as they fell under the Anti-Terrorism Act. The High Court found no substantial grounds to convert the petition under Section 561-A or to transfer the case to an ordinary court. Consequently, the petitioners were advised to present their application again before the trial court once evidence warranted such action. |
| Summary |
In the case of Civil Petition No. D-975, the Sindh High Court dealt with allegations of Zina (fornication) under the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, involving multiple accused. The petitioners challenged their detention and the jurisdiction of the Anti-Terrorism Court, arguing that no scheduled offence had been committed and that the case should be transferred to an ordinary court. The court ruled that the Anti-Terrorism Court had appropriate jurisdiction over the matter, as the offences were clearly defined under the Anti-Terrorism Act, 1997. The High Court emphasized the need for proper legal procedures and the petitioners' right to appeal under different sections of the law. This case highlights the complexities of legal jurisdiction in serious criminal matters and the procedural safeguards available to the accused under Pakistani law. |
| Court |
Sindh High Court
|
| Entities Involved |
|
| Judges |
ALI MUHAMMAD BALOCH,
ABDUL GHANI SHAIKH
|
| Lawyers |
Sahib Khan Kanasiro,
Sardar Abdul Sattar Chohan
|
| Petitioners |
GHULAM RASOOL,
MUHAMMAD KHAN,
BAKHT ALI,
MAHESAR,
ASGHAR,
ALI HASSAN,
LIAQAT
|
| Respondents |
FEDERATION OF PAKISTAN,
ZAWAR HUSSAIN JAFFERI
|
| Citations |
1998 SLD 1271,
1998 PLD 311
|
| Other Citations |
Not available
|
| Laws Involved |
Offence of Zina (Enforcement of Hudood) Ordinance,
Penal Code,
Constitution of Pakistan,
Criminal Procedure Code,
Anti-Terrorism Act
|
| Sections |
Art. 199,
1973,
VII of 1979,
S. 10(3),
S. 10(4),
XLV of 1860,
Ss. 457,
337-H(ii),
V of 1898,
S. 561-A,
XXVII of 1997,
Ss. 2(c),
S. 23,
S. 28
|