| Case ID |
d4c5a680-365c-4052-97d5-62e8ffc58ccb |
| Body |
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| Case Number |
Writ Petition No.4412 of 1990 |
| Decision Date |
Mar 09, 1992 |
| Hearing Date |
Mar 09, 1992 |
| Decision |
The Lahore High Court accepted the petition challenging the jurisdiction of the Special Court to try non-scheduled offences under the Suppression of Terrorist Activities (Special Courts) Act, 1975. The court ruled that the Special Court could only try offences listed in the first schedule of the Act, reaffirming the principle that a Special Court, being a creature of statute, has limited jurisdiction as conferred by the law. The court quashed the order of the Special Court and directed that the case concerning non-scheduled offences be tried by an ordinary criminal court, thus ensuring adherence to statutory limits on jurisdiction and preventing unauthorized legal proceedings. |
| Summary |
In the notable case of Writ Petition No.4412 of 1990, the Lahore High Court addressed significant legal principles regarding the jurisdiction of Special Courts under the Suppression of Terrorist Activities (Special Courts) Act, 1975. The petitioners, led by Ghulam Shabbir, challenged the jurisdiction of the Special Court in Faisalabad, which had dismissed their objections regarding the trial of non-scheduled offences. The court's decision emphasized that Special Courts are bound by statutory jurisdiction, which does not extend to offences not explicitly included in the law's first schedule. This case is critical for understanding the limitations of Special Courts in Pakistan's legal framework, reinforcing the need for adherence to statutory provisions in criminal proceedings. The ruling also highlights the importance of jurisdiction in maintaining the integrity of legal processes. Keywords such as 'Special Court jurisdiction', 'Suppression of Terrorist Activities', and 'legal principles in Pakistan' are trending and essential for legal practitioners and scholars. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
M. Mahboob Ahmad, CJ,
Rashid Aziz Khan,
Malik Muhammad Qayyum, JJ
|
| Lawyers |
Raja Muhammad Anwar, Advocate,
Malik Maqbool Elahi, Advocate General,
Mr. Irfan Qadir, Additional Advocate General,
Mr. M.M. Saeed Beg, Advocate
|
| Petitioners |
36 others,
Ghulam Shabbir
|
| Respondents |
another,
Punjab Special Court (Suppression of Terrorist Activities) No.5, Faisalabad
|
| Citations |
1992 SLD 2136,
1992 PLJ 370
|
| Other Citations |
1991 P.S.C. 998,
1992 P.Cr.LJ 127
|
| Laws Involved |
Suppression of Terrorist Activities (Special Courts) Act, 1975
|
| Sections |
4
|