| Case ID |
f6d4e672-f1c4-4ac6-8d49-5617a5528621 |
| Body |
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| Case Number |
Criminal Petition for Leave to Appeal No. 3(S)-R o |
| Decision Date |
Apr 02, 1984 |
| Hearing Date |
|
| Decision |
The Supreme Court granted leave to appeal to examine whether the petitioners' pleas regarding two Nikahs and the legitimacy of the child involved were mala fide. The court considered the allegations of the complainant and the evidence presented by both parties. The petitioners were accused of Zina, and the court noted that the learned courts below had disbelieved the petitioners' version regarding the two Nikahs. The court clarified that not every plea regarding Nikah would attract the rule laid down in Muhammad Azam v. Muhammad Iqbal. The Supreme Court allowed the appeal to proceed, condoned the delay in filing, and refused the bail request based on the likelihood of further offenses. However, it allowed the suspension of the sentence of whipping during the pendency of the appeal. |
| Summary |
This case revolves around the appeal of Shakir Muhammad and Mst. Maqsood Mai against their conviction under the Offence of Zina Ordinance. The petitioners contended that the complainant, Muhammad Sharif, falsely implicated them after a dispute regarding the legitimacy of their marriage and the child born from it. The Supreme Court analyzed the evidence and the application of legal principles from previous cases, particularly focusing on the bona fides of the petitioners' claims of valid Nikah. The court emphasized that not all claims of Nikah would be deemed mala fide and that each case must be evaluated on its unique facts. The judgment underscores the importance of due process and the need for a thorough examination of evidence in cases involving sensitive matters such as legitimacy and personal rights. The decision also highlights the court's discretion in granting bail and suspending sentences during appeals, which is crucial for ensuring justice in contentious legal battles. Keywords: Offence of Zina, Hudood Ordinance, Supreme Court Pakistan, Nikah legitimacy, legal rights, personal law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
JUSTICE MUHAMMAD AFZAL ZULLAH,
JUSTICE NASIM HASAN SHAH,
JUSTICE SHAFIUR RAHMAN,
JUSTICE PIR MUHAMMAD KARAM SHAH,
JUSTICE MUHAMMAD TAQI USMANI
|
| Lawyers |
S. Asghar Hussain,
Ch. Akhtar Ali
|
| Petitioners |
SHAKIR MUHAMMAD,
Maqsood Mai
|
| Respondents |
THE STATE
|
| Citations |
1984 SLD 252,
1984 PLD 353
|
| Other Citations |
Muhammad Azam v. Muhammad Iqbal and others P L D 1984 S C 95
|
| Laws Involved |
Constitution of Pakistan (1973),
Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)
|
| Sections |
203-F (2-A),
10(2)
|