| Case ID |
ebd2fd0b-cc66-4ff4-98e6-00a7b6ae34a3 |
| Body |
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| Case Number |
Criminal Jail Appeal No. D-337 and Confirmation Ca |
| Decision Date |
Dec 09, 2015 |
| Hearing Date |
|
| Decision |
The appeals in this case questioned the legality and validity of the judgment passed by the learned IInd Additional Sessions Judge, who sentenced the appellants under the Offences Against Property (Enforcement of Hudood) Ordinance, 1979. The Sindh High Court found that the jurisdiction to hear the appeals rested with the Federal Shariat Court because the charges were framed under the Hudood Ordinance. The court ruled that the charge, not the sentence, determines the appellate forum. As such, since the FIR and trial were conducted under the provisions of the Hudood Ordinance, the appeals were deemed incompetent in the High Court and were transferred to the Federal Shariat Court for adjudication. |
| Summary |
This case involves the legal intricacies surrounding the jurisdiction of courts in Pakistan concerning the Offences Against Property (Enforcement of Hudood) Ordinance, 1979. The Sindh High Court's decision emphasizes the importance of the charge over the sentence in determining the appropriate appellate forum. The case reflects the ongoing legal debates regarding the application of Hudood laws and the jurisdictional boundaries between different courts, particularly the Federal Shariat Court and the High Court. This case is crucial for understanding the legal framework governing serious offenses like haraabah, and the implications of sentencing under Islamic law versus the Pakistan Penal Code. The analysis of this case can provide insightful perspectives for legal scholars, practitioners, and students focusing on criminal law and constitutional issues within Pakistan. Key terms include Hudood laws, jurisdiction, appellate forum, Offences Against Property, and Federal Shariat Court. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
SADIQ HUSSAIN BHATTI,
AFTAB AHMED GORARI
|
| Lawyers |
Syed Tarique Ahmed Shah,
Ayatullah Khawaja,
Shahzado Saleem,
Nahiyoon
|
| Petitioners |
another,
JUMAN
|
| Respondents |
THE STATE
|
| Citations |
2016 SLD 588,
2016 PLD 191
|
| Other Citations |
2009 PCrLJ 747,
PLD 2002 SC 534,
2010 YLR 657,
2001 SCMR 1142,
2013 PCr.LJ 105,
Muhammad Akbar v. State 2003 YLR 1339,
Karamat Khan v. State 2002 PCr.LJ 1868,
Muhammad Juman v. State 2004 MLD 278,
Moula Bux Gello v. State 2003 UYLR 2956,
Muhammad Safeer v. State 2004 PCr.LJ 899
|
| Laws Involved |
Offences Against Property (Enforcement of Hadood) Ordinance, 1979,
Constitution of Pakistan, 1973
|
| Sections |
17(4),
20,
24,
7,
203-C,
203-DD,
203-G
|