| Case ID |
e0ad8dd7-428a-45b9-9c0b-d4165d7ea2f9 |
| Body |
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| Case Number |
Criminal Appeal No. 26 of 1965 |
| Decision Date |
Jun 11, 1965 |
| Hearing Date |
May 18, 1965 |
| Decision |
The Appellate Tribunal Inland Revenue ruled on the procedural changes in the Criminal Procedure Code, particularly sections 256 and 257, concerning the rights of the accused to recall witnesses for cross-examination following the amendment of the law. The court concluded that while the fundamental right of cross-examination remains intact, the procedural amendments should apply even in pending cases, emphasizing that the right to recall witnesses matures into a vested right only after a charge is framed. The decision reinforces the principle that procedural laws are generally applicable retrospectively unless expressly stated otherwise. The court allowed the appeal, setting aside the High Court's order, thus enabling the new procedural rules to govern the case. |
| Summary |
This case addresses critical issues surrounding procedural changes in criminal law, specifically the amendments to the Criminal Procedure Code of 1898. The ruling emphasizes the significance of the right to cross-examine witnesses, a fundamental aspect of a fair trial. The court analyzed whether the changes in procedural law affected existing rights and concluded that the new provisions apply to ongoing cases, ensuring expeditious judicial processes. The ruling highlights the balance between procedural efficiency and the protection of the accused's rights, a vital consideration in criminal justice. This case serves as a precedent for similar future cases, reinforcing the notion that while procedural laws may change, the core rights of individuals in the justice system remain protected. Keywords such as 'cross-examination rights', 'Criminal Procedure Code amendments', and 'fair trial principles' are essential for understanding the broader implications of this ruling. |
| Court |
Appellate Tribunal Inland Revenue
|
| Entities Involved |
Not available
|
| Judges |
S.A. RAHMAN,
FAZLAKBAR,
B.Z. KAIKAUS
|
| Lawyers |
S. Nasir-ud-Din Advocate-General West Pakistan,
Anwar Ahmad Waraich,
Aslam Riaz Hussain Advocates Supreme Court,
Ijaz Ali Attorney for the State,
Mahboob Elahi Advocate Supreme Court,
Amir Ahmad Attorney for Respondents Nos. 1 to 3
|
| Petitioners |
THE STATE
|
| Respondents |
Maulvi MUHAMMAD JAMIL AND OTHERS
|
| Citations |
1965 SLD 14,
1965 PLD 681
|
| Other Citations |
Waheed Hasan v. State of Hyderabad A I R 1954 Hyd. 204
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Constitution of Pakistan, 1962
|
| Sections |
256,
257,
58(3)
|