MUHAMMAD IQBAL Versus MUHAMMAD SHAFI
This petition is directed against the order dated 16-9-1997 passed by the Lahore High Court, which upheld the acquittal of the respondent by the Magistrate 1st Class, Kasur, on the ground of lack of evidence. The core legal question concerns the maintainability of the petition and the condonation of delay in filing. The Supreme Court held that the petition is barred by time, noting that the petitioner's medical condition of being confined to bed did not prevent him from engaging a counsel or filing a petition through a next friend. The key principle laid down is that personal illness or bed-rest of a party, without a demonstrated inability to instruct counsel or act through a next friend, does not constitute sufficient ground to condone a significant delay in filing a petition.
- Whether illness and bed-rest constitute sufficient ground for the condonation of delay in filing a petition when the petitioner could have acted through a next friend or counsel?
- Can an order of acquittal upheld by the High Court in criminal revision be interfered with when the petition is barred by time?
ORDER
1. This petition is directed against the order dated 16-9-1997 passed by a learned Single Judge of the Lahore High Court, Lahore in Criminal Revision N o.84 of 1997 whereby he upheld the order dated 23-8-1995 passed by the learned Magistrate 1st Class (Judicial), Kasur whereby the respondent was acquitted on the ground th4 there was not an iota of evidence on the record to saddle the respondent with any criminal liability. Delay is sought to be condoned on the ground that the petitioner remained confined to bed with effect from 4th November, 1997 under the treatment of Dr. Sajjad Mehmood, who recommended him rest and treatment for 12-days. Be that as it may, there is nothing on record that the petitioner was unable to engage counsel for filing a petition which he could have done through his next friend. The petition is dismissed being barred by time.
2. N.H.Q./M-320/S Petition dismissed.