Pakistan Case Law
1982 SCMR 73

ABDUL ALEEM vs SPECIAL JUDGE (CUSTOMS), LAHORE AND Other

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Citation1982 SCMR 73
CourtSupreme Court of Pakistan
Case No.Criminal Petition for Special Leave to Appeal No. 1218 of 1980
Date1982-08-09
Judge(s)Muhammad Afzal Zullah and Nasim Hasan Shah
Authored byMuhammad Afzal Zullah
ResultPetition dismissed
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This petition for leave to appeal was filed against a Lahore High Court judgment that dismissed a constitutional petition challenging criminal proceedings before a Special Judge (Customs). The petitioner had raised objections regarding the competency of the criminal proceedings, but the Special Judge formally charged him. After his criminal revision was dismissed, the petitioner sought annulment of the criminal case via a writ petition, which the High Court dismissed on the ground that it would not short-circuit the normal trial procedure through discretionary jurisdiction. The Supreme Court of Pakistan upheld the High Court's approach, confirming that invoking writ jurisdiction to deflect or short-circuit the normal course of a criminal trial is impermissible. Aligning its decision with established precedent, the Court held that the writ petition was not competent and dismissed the petition for leave to appeal.

Questions settled in this judgment
  • Whether writ jurisdiction can be exercised to short-circuit or deflect the normal course of a criminal trial?
constitutional petitionwrit jurisdictioncriminal trialshort-circuiting trialSpecial Judge Customsleave to appeal

ORDER

1. MUHAMMAD AFZAL ZULLAHJ.-Leave to appeal has been sought from judgment dated 30th June, 1980 of the Lahore High Court whereby a constitutional petition arising out of an order passed by a Court of Criminal jurisdiction was dismissed.

2. A learned Special Judge (Customs) notwithstanding legal objections raised from the petitioner's side with regard to competency of the criminal proceedings before him, formally charged the petitioner. A criminal revision filed by the petitioner having been dismissed, he sought relief for the annul--ment of the criminal case through a writ petition and the same having been dismissed mainly on the ground that the High Court would not in its discretionary jurisdiction short-circuit for the normal procedure of trial as provided by law, the petitioner has now sought leave to appeal.

3. After hearing learned counsel for the petitioner in support of the grounds taken in this petition at some length, we are of the view that the approach of the learned Single Judge in the High Court in refusing to deflect the normal course of a criminal case through exercise of writ jurisdic--tion is not only, salutary but also in accord with the principles laid down by this Court in Ghulam Muhammad v. Muzammal Khan and 4 others (PLD1967SC317) although the case dealt with therein was under ordinary general law. In our view, the writ petition was not competent and having rightly been dismissed, there is no justification for entertaining this petition. The same is accordingly dismissed. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

Cited by 10 cases

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