| Case ID |
43ff4321-5592-4298-b6f9-2ae234bcf879 |
| Body |
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| Case Number |
Criminal Appeal No. 207 of 1991 |
| Decision Date |
Mar 18, 1992 |
| Hearing Date |
Mar 18, 1992 |
| Decision |
The Supreme Court of Pakistan, in its ruling on Criminal Appeal No. 207 of 1991, addressed the jurisdiction of the Special Court in relation to the possession of an unlicensed Klashnikov. The Court clarified that although the amending Ordinance that allowed for the Special Court's jurisdiction had lapsed on the date of recovery, subsequent legislation effectively restored that jurisdiction. The appellant's conviction was upheld, but the Court reduced the sentence from five years to three years, emphasizing the procedural aspects and the retrospective nature of the relevant laws. |
| Summary |
The case revolves around the possession of an unlicensed Klashnikov by Muhammad Naeem, who challenged the jurisdiction of the Special Court that convicted him. The Supreme Court evaluated the timeline of various ordinances that impacted the jurisdiction of the Special Court. Despite the lapse of the initial amending ordinance on the date of recovery, the Court determined that the Special Court had jurisdiction due to subsequent legislative actions. The decision illustrated the complexities of criminal law concerning unlicensed arms and the procedural intricacies of the Special Courts, ultimately resulting in a sentence reduction for the appellant. This case highlights the importance of understanding legislative timelines and their implications in criminal proceedings, particularly in relation to arms possession and terrorism-related offences. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Muhammad Afzal Zullah, CJ,
Saleem Akhtar,
Wali Muhammad Khan, JJ
|
| Lawyers |
Ghulam Mahmood Qureshi, Advocate,
Mahmood A. Qureshi, AOR,
M. Nawaz Abbasi, Assistant Advocate-General, Punjab
|
| Petitioners |
Muhammad Naeem alias Naeema
|
| Respondents |
The State
|
| Citations |
1992 SLD 2235,
1992 PLJ 500
|
| Other Citations |
Not available
|
| Laws Involved |
Arms Ordinance, 1965,
Suppression of Terrorist Activities (Special Courts) Act, 1975
|
| Sections |
13,
20
|