| Case ID |
d7b91521-1c46-4c70-8495-53bbb337f38a |
| Body |
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| Case Number |
Criminal Appeals Nos. 8 and 9 of 1965 |
| Decision Date |
Nov 12, 1965 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan addressed two criminal appeals concerning the murder of Muzaffar Piracha, where conflicting versions of the incident emerged from both a police investigation and a private complaint. The Court determined that the special procedure laid out by the High Court for joint trials of the two cases was not legally supported. The Court ruled that separate trials must be conducted for each case, emphasizing that common witnesses should be examined only once to avoid discrepancies and uphold the integrity of the legal process. The judgment highlighted the importance of adhering to established legal principles while ensuring that the rights of the accused and the complainants are protected throughout the trial process. The appeals were ultimately decided in favor of the procedural safeguards necessary for fair trials. |
| Summary |
In the landmark case of Nur Elahi v. The State, the Supreme Court of Pakistan scrutinized the complexities surrounding the murder trial of Muzaffar Piracha, where two distinct sets of accused were presented: one by the police and the other through a private complaint. The Court's decision centered on the legality of joint trials for cases with differing versions of evidence and highlighted the potential for conflicting judgments. It emphasized the need for a clear legal framework to ensure justice is served while maintaining the rights of all parties involved. The ruling reiterated the necessity of conducting separate trials to uphold the integrity of the judicial system and prevent unjust outcomes. This case serves as a critical reference point for future legal proceedings involving multiple accusations stemming from the same incident, reinforcing the principles of due process and fair trial rights in criminal law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
A. R. CORNELIUS, C.J.,
S. A. RAHMAN, J.,
FAZLEAKBAR, J.,
B. Z. KAIKAUS, J.,
HAMOODUR RAHMAN, J.
|
| Lawyers |
Ijaz Hussain Batalvi, Advocate Supreme Court,
Ziaudin Ahmad Qureshi, Attorney for Appellant,
S. Nasir-ud-Din, Advocate General West Pakistan,
Iftikharul Haq Khan, Advocate Supreme Court,
Nazir Ahmad Khan, Senior Advocate Supreme Court,
Iqbal Ahmad Siddiqui, Advocate Supreme Court,
Abdul Majid Asghar, Senior Advocate Supreme Court,
Wali Muhammad, Senior Attorney for Appellant,
Rashid Murtaza Qureshi, Advocate Supreme Court,
S. M. Shah Mashhadi, Attorney No. 1,
Ijaz Ali, Attorney No. 1,
Ijaz Ali, Attorney No. 2
|
| Petitioners |
NUR ELAHI
|
| Respondents |
THE STATE,
ZAFARUL HAQ,
NAWAZ-ULHAQ,
Ch. IKRAM-ULHAQ
|
| Citations |
1966 SLD 102,
1966 PLD 708
|
| Other Citations |
Ali and others v. The Crown P L D 1954 Lah. 183,
Noor Ahmad v. The State and Rahim Bakhsh v. The State P L D 1964 S C 120,
Ali Muhammad v. Amir Ali and others Criminal Miscellaneous No. 998 of 1945
|
| Laws Involved |
Constitution of Pakistan (1962),
Criminal Procedure Code (V of 1898),
Evidence Act (I of 1872)
|
| Sections |
Art. 58(3),
Ss. 233 & 239,
S. 498,
S. 43
|