| Case ID |
3cd6817c-ab12-46a2-8555-eb65ca31675c |
| Body |
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| Case Number |
Crl. Misc. A. No. 93-I of 2005 in Crl. Appeal No. |
| Decision Date |
May 19, 2004 |
| Hearing Date |
May 19, 2005 |
| Decision |
The Federal Shariat Court ruled on the application for condonation of delay in filing an appeal against the acquittal of the respondents from charges under the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. The court acknowledged that the applicant was out of the country during the judgment and had made diligent efforts to obtain a certified copy of the judgment, which had not been supplied. The court found sufficient grounds to condone the delay in filing the appeal, allowing the application accordingly. The decision emphasizes the importance of access to justice and the court's discretion to allow for procedural flexibility in the interest of justice. |
| Summary |
This case involves an application for the condonation of delay in filing an appeal against the acquittal of the respondents in a case related to the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. The Federal Shariat Court, presided over by Chief Justice Ch. Ejaz Yousaf and Dr. Fida Muhammad Khan, had to determine whether the delay in filing the appeal could be excused given that the applicant was abroad when the original judgment was rendered. The court reviewed the evidence presented, including the applicant's passport and travel documents, which indicated his presence in the UK at the time of the judgment. After considering the arguments from both sides, including the opposition from the respondents' counsel regarding the limitation period, the court ultimately allowed the application to condone the delay. This ruling highlights the court's commitment to ensuring that applicants are not unfairly penalized for procedural delays when they have made genuine efforts to comply with legal requirements. The decision reinforces the principles of justice and fair trial, ensuring that all parties have the opportunity to present their case regardless of procedural hurdles. |
| Court |
Federal Shariat Court
|
| Entities Involved |
Not available
|
| Judges |
Ch. Ejaz Yousaf, C.J.,
Dr. Fida Muhammad Khan, JJ.
|
| Lawyers |
Mr. Ansar Nawaz Mirza, Advocate,
Ch. Shafique Ahmad, Advocate,
Mr. Shafqat Munir Malik, Assistant Advocate General
|
| Petitioners |
Tariq Mahmood
|
| Respondents |
,
Mehfooz Hussain
|
| Citations |
2005 SLD 3849,
2005 PLJ 131
|
| Other Citations |
Not available
|
| Laws Involved |
Offence of Zina (Enforcement of Hudood) Ordinance, 1979,
Constitution of Pakistan, 1973
|
| Sections |
10,
11,
203
|