Muhammad Jibran Nasir, etc vs The State, etc
This matter involves an appeal against the conviction and death sentence for murder and related offences, alongside connected proceedings. The core legal questions relate to the reappraisal of evidence in a criminal appeal against conviction and the propriety of High Court proceedings concerning judgments of Anti-Terrorism Courts. The Supreme Court disposed of the criminal appeal and further converted related matters into a suo motu case under Article 184(3) of the Constitution. The Court set aside a common judgment of the High Court of Sindh which had remanded a criminal case for a de novo trial, along with all post-remand proceedings and bails granted thereunder, directing that the original appeals and references be deemed pending before the High Court for fresh decision on merits by another bench. The key principle laid down is that improper remands and post-remand acquittals or bails in anti-terrorism cases can be set aside in exercise of constitutional jurisdiction to ensure matters are decided properly on merits.
- Whether the Supreme Court can convert criminal appeals into a suo motu case under Article 184(3) of the Constitution?
- Can an improper order of remand and subsequent post-remand proceedings passed by the High Court be set aside?
- What is the legal status of bail granted to accused persons during invalid post-remand proceedings?
- Section 302(b), Pakistan Penal Code 1860
- Section 324, Pakistan Penal Code 1860
- Section 337-A(ii), Pakistan Penal Code 1860
- Section 337-A(i), Pakistan Penal Code 1860
- Article 184(3), Constitution of Pakistan 1973
Asif Saeed Khan Khosa, J.: Mehr Muhammad appellant had alleged ly murdered his brother 's wife namely Mst.
Bakht Begum and had also injured his brother namely Taj Muhammad by firing at them at about 07.00 P.M. on 21.07.2008 in village Khushal Garh in the area of Police Station Tamman, District Chakwal in the backdrop of a motive according to which there was a dispute between the brothers over some landed property and the appellant also wanted his brother to divorce his wife. With the said allegations the appellant was booked in case FIR No. 97 registered at the above mentioned Police Station during the same night and after a regular trial the appellant was convicted by the trial court for an offence under section 302(b), PPC and was sentenced to death and to pay compensation besides having been convicted and sentenced for offences under sections 324, 337-A(ii) and 337- A(i), PPC. The appellant challenged his convictions and sentences before the High Court through an appeal which was dismissed, the convictions and sentences of the appellant recorded by the trial court were upheld and maintained and the sentence of death passed against the appellant was confirmed. Hence, the present appeal by leave of this Court granted on 25.02.2016.
2. Leave to appeal had been granted in this case in order to reappraise the evidence and with the assistance of the learned counsel for the parties we have undertaken that exercise.
This appeal is disposed of in the terms noted above.
"These appeals are converted into a Suo Motu Case under Article 184(3) of the Constitution with a direction to the office to assign a number thereto as such.
2. For reasons to be recorded later the case is disposed of with the following orders: i) The common judgment passed by a learned Division Bench of the High Court of Sindh, Karachi on 28.11.2017 in Special Criminal ATA No.19 of 2013, Special Criminal ATA No.24 of 2013, Special Criminal ATA No.25 of 2013, Criminal Revision Application No.40 of 2014 and Confirmation Case No.1 of 2013 is set aside. ii) The order passed by the said Court in the above mentioned matters remanding the relevant criminal case to a court of ordinary jurisdiction for a de novo trial as well as all the post-remand procee dings before the trial court are also set aside. iii) Special Criminal ATA No.19 of 2013, Special Criminal ATA No.24 of 2013, Special Criminal ATA No.25 of 2013, Criminal Revision Application No.40 of 2014 and Confirmation Case No.1 of 2013 shall be deemed to be pending before the High Court of Sindh, Karachi and the same shall be finally decided on their merits at the Court's earliest convenience, preferably within a period of two months by another bench of the High Court to be constituted by the Chief Justice of the Court. iv) The accused persons convicted in the relevant criminal case by an Anti-T errorism Court are ordered to be retaken into custody as their admission to bail during the post-remand proceedings was nullity in the eyes of law.
Our order dated 13.1.2018 putting the names of the accused on the ECL shall continue to hold the field till the time the main matters remanded to the High Court are finally disposed of."