| Case ID |
d79de9b4-f251-48a1-8e1c-b860507c65bf |
| Body |
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| Case Number |
Criminal Petition for Leave to Appeal No. 28-K of |
| Decision Date |
Jul 04, 2002 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petition for leave to appeal against the judgment of the Sindh High Court. The High Court determined that the case fell within the jurisdiction of the Special Court under the Suppression of Terrorist Activities (Special Courts) Act, 1975. The Court ruled that the question of jurisdiction must be evaluated based on the First Information Report (FIR) and materials presented by the prosecution at the time of the challan. The decision highlighted that even if the Kalashnikov used in the commission of the crime was not recovered, its use could still classify the case as a scheduled offence under the Act. The Court agreed with the High Court's interpretation and found no merit in the arguments presented by the petitioner's counsel. Consequently, the leave to appeal was refused. |
| Summary |
This case involves a criminal petition for leave to appeal concerning the jurisdiction of a Special Court under the Suppression of Terrorist Activities (Special Courts) Act, 1975. The Supreme Court of Pakistan addressed the validity of transferring the case from the Sessions Judge to the Special Judge based on the jurisdiction criteria set forth in the law. The petitioner, Nasir Abdul Qadir, was involved in a serious criminal matter where allegations included the use of firearms leading to a homicide. The Supreme Court emphasized the importance of the FIR and the evidence presented at the challan stage in determining jurisdiction. The legal implications of using unlicensed firearms in such cases were also discussed, with reference to prior judgments reinforcing the High Court's decisions. The case highlights the judicial process in Pakistan concerning serious criminal offences, particularly those involving potential terrorism-related activities, and the legal frameworks governing them. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
RANA BHAGWANDAS,
JAVED IQBAL
|
| Lawyers |
Sh. Mir Muhammad, Advocate Supreme Court,
Akhlaque Ahmed Siddiqui, Advocate-on-Record,
M. Sarwar Khan, Additional Advocate-General for the State
|
| Petitioners |
NASIR ABDUL QADIR
|
| Respondents |
THE STATE,
2 others
|
| Citations |
2003 SLD 818,
2003 SCMR 472
|
| Other Citations |
Azhar Hussain v. Government of Punjab 1992 PCr.LJ 2308,
Allah Din v. State 1994 SCMR 717,
Jehangir v. State 1999 PCr.LJ 476
|
| Laws Involved |
Pakistan Penal Code, 1860,
Constitution of Pakistan, 1973,
Suppression of Terrorist Activities (Special Courts) Act, 1975
|
| Sections |
302,
34,
185(3),
4
|