| Case ID |
d80be86c-23f6-479e-9b80-06539db8a167 |
| Body |
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| Case Number |
Writ Petition No. 2355 of 2007 |
| Decision Date |
Sep 17, 2007 |
| Hearing Date |
Sep 18, 2007 |
| Decision |
The Lahore High Court dismissed the writ petition filed by the petitioner Ahmad Nawaz, challenging the registration of FIR No. 58 dated 16-3-2006 under section 10 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. The court found that the FIR was registered prior to the enforcement of the Criminal Laws Amendment (Protection of Women) Act, 2006, which came into effect on 2-12-2006. The court held that the law applicable at the time of the occurrence and registration of the FIR would govern the case. The petitioner’s argument that the sections of the Offence of Zina ordinance had been omitted was dismissed, as the saving clause in the Act protected the existing cases. The court concluded that no grounds were established for quashing the FIR or the ongoing proceedings before the Additional Sessions Judge, Kabirwala. |
| Summary |
This case revolves around the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, and its implications following the Criminal Laws Amendment (Protection of Women) Act, 2006. The petitioner, Ahmad Nawaz, sought to quash an FIR registered against him and his sister, alleging a delay in lodging the FIR and the negative chemical report. However, the Lahore High Court upheld the FIR's validity, emphasizing that the law in place at the time of the alleged offence governed the proceedings. The court reinforced that legislative changes do not retroactively affect ongoing cases unless explicitly stated, ensuring that the rights and protections under the prior law remain intact until the case's resolution. This case highlights the importance of understanding legal frameworks in light of amendments and their applicability to existing legal proceedings. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
IQBAL HAMEED UR REHMAN
|
| Lawyers |
Athar Rehman Khan
|
| Petitioners |
AHMAD NAWAZ
|
| Respondents |
THE STATE,
Ghulam Farid,
Mst. Murid Mai
|
| Citations |
2008 SLD 1139,
2008 MLD 3
|
| Other Citations |
Not available
|
| Laws Involved |
Offence of Zina (Enforcement of Hudood) Ordinance, 1979,
Constitution of Pakistan, 1973,
Criminal Procedure Code (V of 1898),
General Clauses Act, 1897
|
| Sections |
7,
10,
11,
12,
13,
14,
15,
16,
18,
19,
22,
12,
199,
265-K,
6
|