GHULAM MUSTAFA vs MOOR MUHAMMAD AND 4 Other
This matter comes before the Supreme Court of Pakistan as a petition for special leave to appeal filed by the son of the murdered person against the judgment and order of the High Court at Lahore acquitting the first four respondents, who had been originally convicted by the Sessions Judge under section 302/34 of the Pakistan Penal Code and sentenced to transportation for life. The core legal question is whether the delay of 116 days in filing the petition for special leave to appeal can be condoned based on the unverified illness of the petitioner. The Supreme Court held that the petition is barred by time, as delay in filing a petition against an order of acquittal cannot be condoned without showing compelling circumstances precluding timely filing, and no medical certificate or valid ground was provided. The key principle laid down is that delay in filing a petition for special leave to appeal against an acquittal will not be condoned in the absence of compelling circumstances or acts of the respondents preventing timely filing.
- Can delay in filing a petition for special leave to appeal against an acquittal be condoned on the ground of the petitioner's illness without supporting medical evidence?
- What circumstances must be shown to condone delay in filing a petition for special leave to appeal against an order of acquittal?
- Section 302/34, Pakistan Penal Code 1860
ORDER
1. HAMOODUR RAHMAN, C. J.-This is a petition for special leave to appeal from the judgment and order of a Division Bench of the High Court at Lahore, acquitting the first four respondents herein.
2. They were convicted by the Sessions Judge, Mianwali, under section 302/34 of the Pakistan Penal Code and sentenced to transportation for life each.
3. This petition, which has been filed by the son of the murdered person, is barred by 116 days, and the only explanation given for this delay is that, after applying for the certified copy of the judgment of the High Court, the petitioner fell ill and could not come to Lahore for taking delivery of the certified copy. After recovery from illness, he came to Lahore on the 20th of June 1971, and obtained the required copy on the 21st of June 1971. The petition was filed in July 1971. No medical certificate has been filed in support of the alleged illness. Apart from this, this Court has consistently held that delay in filing a petition for special leave to appeal against an order of acquittal cannot be condoned unless it is shown that the petitioner was precluded from filing the petition in time due to some act of the respondents' or other similar compelling circumstances : vide the case of Muhammad Khan v. Sultan (1969 SCMR 82). No such ground has been dis--closed in the present case. We , see no reason, therefore, to condone the delay.
4. This petition is accordingly dismissed as being barred by time.