| Case ID |
e11b934e-d111-4c59-a30d-f6a8a5d277ab |
| Body |
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| Case Number |
Criminal Petition No. (?) R of 1982 |
| Decision Date |
Apr 11, 1983 |
| Hearing Date |
|
| Decision |
The Supreme Court ruled that the petitioners, having been found guilty by the Judicial Commissioner for Northern Areas, cannot appeal to the Supreme Court under Article 185 of the Constitution as the Judicial Commissioner is not recognized as a High Court for the purposes of appellate jurisdiction. The petition was therefore dismissed. |
| Summary |
This case revolves around the interpretation of the appellate jurisdiction of the Supreme Court of Pakistan concerning the judgments made by the Judicial Commissioner for Northern Areas. The petitioners sought leave to appeal against a judgment that found them guilty under specific sections of the Pakistan Penal Code and imposed a five-year sentence along with a fine. The Supreme Court emphasized that the appellate jurisdiction under Article 185 only extends to judgments from High Courts as defined under Article 175. The Court concluded that the Judicial Commissioner did not qualify as a High Court, leading to the dismissal of the petition. This pivotal ruling clarifies the legal status of the Judicial Commissioner and its implications for future appeals from Northern Areas, reinforcing the delineation of jurisdiction within Pakistan's legal framework. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ABDUL KADIR SHAIKH,
M. S. H. QURAISHI
|
| Lawyers |
Manzoor Elahi Qureshi,
Ch. Akhtar Ali
|
| Petitioners |
ANOTHERS,
SHAKOOR MUHAMMAD
|
| Respondents |
THE STATE
|
| Citations |
1983 SLD 364,
1983 SCMR 542
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
Art. 185,
Art. 175
|