Letter from D.G., Punjab Judicial Academy, Lahore: In the matter of vs NOT
This review application was filed by the Punjab Judicial Academy, Lahore, seeking clarification of an observation made in a prior judgment of the Supreme Court of Pakistan disposing of Criminal Petitions Nos. 81-P and 82-P of 2012. The core legal question was whether the Province of Punjab had amended Section 13 of the Pakistan Arms Ordinance 1965 to render the offence non-bailable, as previously observed by the Court. Relying on an opinion from the Law and Parliamentary Affairs Department, Government of Punjab, and the concurrence of the learned Law Officer, the Supreme Court held that no such amendment had been enacted in Punjab to make the offence under Section 13 non-bailable. The Court accordingly allowed the review application and rectified the erroneous observation in paragraph 3 of its previous judgment, while clarifying that this rectification did not alter the ultimate decision granting bail to the appellant.
- Whether Section 13 of the Pakistan Arms Ordinance 1965 has been amended in the Province of Punjab to make the offence non-bailable?
- Can an erroneous factual observation regarding a statutory amendment in a judgment be rectified through a review application?
- Does the rectification of an erroneous observation regarding the bailable nature of an offence automatically affect or invalidate the underlying decision granting bail?
- Section 13, Pakistan Arms Ordinance 1965
- Section 14, Pakistan Arms Ordinance 1965
ORDER
NASIR-UL-MULK, CJ. --- While disposing of Criminal Petitions Nos. 81-P of 2012 and 82-P of 2012, the same were converted into appeals and allowed; consequently, the appellant was admitted to bail in a case registered under Section 13/14 of the Pakistan Arms Ordinance, 1965 [herein after referred to as 'the Ordinance]. While granting bail it was observed in the judgment dated 15.10.2012, that the Province of Punjab had brought an amendment whereby the offence under Section 13 of the Ordinance has been made non-bailable. This is an application filed on behalf of the Punjab Judicial Academy, Lahore, wherein it has been stated that during discussion in some training program at the Academy it was pointed out that the said amendment, referred to above, has not been made and, therefore, the opinion of the Law and Parliamentary Affairs Department, Government of Punjab, was sought. According to the said opinion no such amendment has' been made.
2. Learned Law Officer for the State agrees that the above error needs to be rectified; consequently, this application in the form of review petition is allowed and the observation made in para 3 of the judgment referred to above, is rectified to the extent that no amendment has been made in Section 13 of the Ordinance in the Province of Punjab to make the offence non-bailable. The rectification does not affect the decision in the appeal.
3. The application is disposed of in the above terms.