| Case ID |
f5bc2d57-f878-40b7-8d65-0577146d1980 |
| Body |
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| Case Number |
Criminal Appeals Nos. 156, 216 and Criminal Petiti |
| Decision Date |
Jan 20, 2003 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan disposed of Criminal Appeal No. 156 of 2002, filed by Ashiq Hussain, Criminal Appeal No. 216 of 2002, filed by Sher Zaman, and Criminal Petition for Leave to Appeal No. 113 of 2002, filed by Akbar Hussain against Fida Hussain, who was acquitted. The court found that the High Court had erred in converting acquittals into convictions. It emphasized that a judgment must be clear and provide cogent reasons for its decisions. The court remanded the cases back to the Lahore High Court for fresh consideration, highlighting that the High Court must not be influenced by the Investigating Officer's reports and should scrutinize the evidence presented during the trial. |
| Summary |
In the landmark decision involving Criminal Appeals Nos. 156 and 216 of 2002, the Supreme Court of Pakistan addressed critical issues regarding the jurisdiction of revisional courts under the Criminal Procedure Code. The case revolved around the acquittal of several accused individuals charged with serious offenses under the Pakistan Penal Code. The court underscored the necessity for clear and reasoned judgments, emphasizing that acquittals cannot be converted into convictions without proper legal grounding. This case highlights the importance of judicial scrutiny and the responsibilities of courts to evaluate evidence independently of investigative reports. Legal representatives for the appellants argued against the High Court's decision, citing procedural violations, while the State's counsel advocated for a reconsideration of the acquittals. The Supreme Court's ruling to remand the cases for fresh decision underscores its commitment to upholding justice and ensuring fair trial principles. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
IFTIKHAR MUHAMMAD CHAUDHRY, ACTG. C.J.,
ABDUL HAMEED DOGAR,
SARDAR MUHAMMAD RAZA KHAN, JJ
|
| Lawyers |
Sardar Muhammad Ishaq Khan, Senior Advocate Supreme Court,
Ejaz Muhammad Khan, Advocate-on-Record (absent) for Appellant (in Criminal Appeal No. 156 of 2002),
Malik Ain-ul-Haq, Advocate Supreme Court,
M.A. Zaidi Advocate-on-Record for Appellant (in Criminal Appeal No. 216 of 2002),
Ch. Mushtaq Ahmed Khan, Senior Advocate Supreme Court,
M.S. Khattak, Advocate-on-Record for Petitioner (in Criminal Petition No. 113 of 2002),
F.K. Butt, Addl. A.G. (Punjab) for the State
|
| Petitioners |
Sher Zaman,
ASHIQ HUSSAIN,
Akbar Hussain
|
| Respondents |
THE STATE
|
| Citations |
2003 SLD 934,
2003 SCMR 698
|
| Other Citations |
Liaqat Ali v. The State PLD 1982 Lah. 539,
Nasir Abbas v. The State 1995 SC MR 1333,
Sahab Khan and 4 others v. The State and others 1997 SCMR 871,
Federation of Pakistan through Secretary Finance, Islamabad and another v. Malik Mumtaz Hussain and 4 others 1997 SCMR 299
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Constitution of Pakistan, 1973,
Pakistan Penal Code, 1860
|
| Sections |
439(4),
410,
367,
173,
185(3),
307,
302
|