| Case ID |
5cbe6a93-ab24-4760-a652-fcd8690a95fd |
| Body |
View case body. Login to View |
| Case Number |
D-2741 of 1978 |
| Decision Date |
Jan 17, 1978 |
| Hearing Date |
Jan 17, 1978 |
| Decision |
The Supreme Court of Pakistan allowed the appeal and set aside the impugned order dated 16th November 1977. The court concluded that the detention of the respondents could not be held to be illegal. The decision emphasized that the sections of the Criminal Procedure Code, specifically section 344, should not be interpreted rigidly as it could lead to impractical situations. The court clarified that the adjournment of the trial sine die was permissible under the circumstances, and the lack of a specified date for the hearing did not constitute a violation of the law. The court ordered non-bailable warrants to issue for the respondents' arrest, returnable to the District Magistrate, Rawalpindi. |
| Summary |
In the Supreme Court of Pakistan case involving Shadi Khan vs. Muhammad Saleem and others, the court addressed critical issues surrounding adjournments in criminal trials under the Criminal Procedure Code. The case highlighted the importance of interpreting legal provisions flexibly to ensure justice is served without unnecessary delays. The court ruled that the Sessions Judge's postponement of the trial was justified given the circumstances, which included a backlog of cases. The decision clarified that section 344 allows for adjournments and that the absence of a specified date does not invalidate the proceedings. This ruling reinforces the principle that legal interpretations should facilitate the smooth functioning of the judicial system while respecting the rights of the accused and the integrity of the legal process. The case underscores significant themes in criminal law, such as the balance between procedural rules and the need for timely justice. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Lahore High Court,
District Rawalpindi,
Assistant Advocate-General, Punjab,
Police Station Kallar Syedan
|
| Judges |
Qaisar Khan,
Muhammad Haleem,
Ghulam Safdar Shah
|
| Lawyers |
Sardar Muhammad Ishaq,
Muhammad Afzal Siddiqi,
Fazal-i-Haq,
Ch. Akhtar Ali,
Riaz Ahmad
|
| Petitioners |
Shadi Khan
|
| Respondents |
3 Others,
Muhammad Saleem
|
| Citations |
1978 SLD 283,
1978 PLD 38
|
| Other Citations |
Saifur Rahman v. The State P L D 1978 Lab. 314
|
| Laws Involved |
Criminal Procedure Code
|
| Sections |
344,
193(1)
|