Pakistan Case Law
1984 SCMR 1032

HAQ NAWAZ vs NAZAR KHAN AND OTHERS

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Citation1984 SCMR 1032
CourtSupreme Court of Pakistan
Case No.Criminal Petition for Special Leave to Appeal No, 30-R of 1982 Criminal
Date1983-12-10
Judge(s)Aslant Riaz Hussain, Muhammad Afzal Zullah and Nasim Hasan Shah
Authored byAslam Riaz Hussain
ResultPetition dismissed
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter comes before the Supreme Court of Pakistan through a petition against acquittal filed by Haq Nawaz, which is barred by limitation by four days. The core legal question concerns whether sufficient grounds exist to condone the delay in filing the petition against the acquittal, thereby allowing the matter to be heard on merits after the respondent has acquired a right to live. The Court held that the petitioner failed to put forward sufficient grounds for the condonation of delay. Consequently, the petition was dismissed as time-barred. The key principle laid down is that a petition against acquittal filed beyond the period of limitation will not be entertained unless strong and sufficient grounds for condoning the delay are established, as the respondent acquires a valuable right to life upon acquittal.

Questions settled in this judgment
  • Whether a petition against acquittal barred by limitation can be entertained without sufficient grounds for condonation of delay?
  • Does an acquitted respondent acquire a right to live that protects them from delayed challenges?
petition against acquittallimitationcondonation of delaycriminal petitionSupreme Court of Pakistan

ORDER

1. ASLAM RIAZ HUSSAIN, J.-This petition against acquittal by Haq Nawaz is barred by limitation by 4 days. The respondent who was acquitted by the High Court has acquired the right to live. We have carefully heard the learned Advocate-on-Record for the petitioner as to the grounds for condonation of delay. He has not been able to put forward sufficient grounds for the same. The petition is consequently dismissed.

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