| Case ID |
3830337d-a79d-4af6-84b9-352595339ac0 |
| Body |
View case body. Login to View |
| Case Number |
Criminal Appeal No. 259 and Murder Reference No. 1 |
| Decision Date |
Apr 08, 2010 |
| Hearing Date |
Apr 08, 2010 |
| Decision |
The Lahore High Court found that the appellants, Muhammad Yaseen alias Mithoo and Asghar Ali, were not provided with proper legal representation during their trial, specifically regarding their right to cross-examine witnesses. The court emphasized that the absence of their counsel should not prejudice the appellants' right to a fair trial. Consequently, the convictions and sentences imposed on the appellants were set aside. The case was remanded to the trial court for a fresh decision, ensuring that the appellants would have the opportunity to cross-examine key witnesses and receive legal assistance if needed. The death sentence initially awarded to the appellants was not confirmed due to these procedural shortcomings. |
| Summary |
In the case of Muhammad Yaseen alias Mithoo and Asghar Ali, the Lahore High Court addressed critical issues surrounding the right to legal representation and due process in criminal trials. The appellants were convicted of serious offenses, including murder, but argued that their fundamental right to a fair trial was violated as they were not adequately represented by counsel during key stages of their trial. The court highlighted the importance of the right to cross-examine witnesses as an essential aspect of a fair trial, referencing constitutional provisions and relevant laws that guarantee this right. The decision underscored the court's responsibility to ensure justice, particularly in cases involving capital punishment. The court's ruling not only overturned the convictions but also mandated that the trial court provide the appellants with the opportunity to cross-examine witnesses and secure legal counsel. This case serves as a significant precedent in reinforcing the legal rights of defendants in Pakistan, emphasizing the necessity of proper legal representation to uphold the integrity of the judicial process. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SH. NAJAM-UL-HASAN, JUSTICE,
SYED MAZAHAR ALI AKBAR NAQVI, JUSTICE
|
| Lawyers |
Maqsood Ahmed Buttar,
Muhammad Anwar Bhinder,
Imtiaz Hussain Jaffery,
Qazi Zafar Iqbal
|
| Petitioners |
ASGHAR ALI,
MUHAMMAD YASEEN ALIAS MITHOU
|
| Respondents |
THE State
|
| Citations |
2010 SLD 2869,
2010 PCRLJ 1253
|
| Other Citations |
Wali Dad v. The State, 1997 MLD 1697,
Nazir Hussain v. Muhammad Yaqub, KLR 1986 Cr.C. 100,
S. Mahmood Alam Shah v. the State PLD 1987 SC 250
|
| Laws Involved |
Constitution of Pakistan, 1973,
Criminal Procedure Code (V of 1898),
Qanun-e-Shahadat (10 of 1984)
|
| Sections |
10,
340(1),
133
|