| Case ID |
f9aa5d2f-67f6-43fa-a141-7e2a9ff0740a |
| Body |
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| Case Number |
Criminal Petition No.149 of 1988 |
| Decision Date |
Mar 12, 1989 |
| Hearing Date |
Mar 12, 1989 |
| Decision |
The Supreme Court dismissed the petition for leave to appeal filed by Jam Jan Muhammad against the Lahore High Court's judgment, affirming that the High Court's directions did not violate the petitioner's rights. The Court found that the High Court had acted within its legal authority by directing the Sessions Judge to comply with the law regarding the registration of a criminal case. The petitioner’s contention that they were not afforded a fair opportunity to be heard was rejected, as the Court determined that due process was maintained. Thus, the Supreme Court found no legal infirmities in the High Court's decision, leading to the dismissal of the petition. |
| Summary |
In the case of Jam Jan Muhammad vs. The State, the Supreme Court of Pakistan addressed the legality of the Lahore High Court's directives regarding the registration of a criminal case against the petitioner. The case revolves around the interpretation of constitutional provisions and procedural laws concerning criminal proceedings. The petitioner argued that the High Court's direction effectively amounted to an order for prosecution without due process. However, the Supreme Court upheld the High Court's decision, emphasizing that the Sessions Judge was instructed to act according to the law and ensure that the petitioner's rights were respected throughout the process. This case highlights the importance of due process in criminal law and the checks and balances within the judicial system to prevent unjust prosecution. Keywords such as 'criminal procedure', 'due process', 'Supreme Court of Pakistan', and 'legal authority' are trending in discussions surrounding this case, making it a significant point of reference for legal professionals and scholars. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
GHULAM MUJADDID,
JAN SAOOD
|
| Lawyers |
Muhammad Ismail Qureshi,
S. Inayat Hussain Shah
|
| Petitioners |
Jam Jan Muhammad
|
| Respondents |
THE STATE
|
| Citations |
1989 SLD 1522,
1989 SCMR 1180
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan, 1973,
Criminal Procedure Code (V of 1898)
|
| Sections |
185(3),
561-A
|