1986 SCMR 38

Mst. ZARINA BANG And Others vs MUSLIM COMMERCIAL BANK Ltd.

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Citation1986 SCMR 38

CourtSupreme Court of Pakistan

Case No.Criminal Petitions Nos. 6, 8 and 15 of 1985 Criminal Miscellaneous No. 285-

Date1985-05-07

Judge(s)Aslam Riaz Hussain, Nasim Hasan Shah, and Shafiur Rehman

Authored byShafiur Rahman

ResultLeave refused

AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter concerns three petitions challenging the jurisdiction of a Special Court, specifically regarding the issue of retrospectivity and other legal grounds. The Supreme Court of Pakistan declined to grant leave to appeal, determining instead that the petitioners should raise these jurisdictional objections directly before the Special Court. The Court directed that the Special Court must adjudicate these jurisdictional challenges, alongside any applications for acquittal under the relevant provisions of the Code of Criminal Procedure 1898, as a preliminary matter before proceeding further. Pending the resolution of these issues, the Court granted the petitioners protection from arrest, provided they continue to attend all scheduled hearings. The Supreme Court further emphasized the special nature of the case and requested the Special Court to expedite the decision-making process, ideally within two months. The holding establishes that jurisdictional challenges and acquittal applications should be addressed as threshold issues by the trial court, ensuring procedural fairness while maintaining the continuity of the trial process.

Questions settled in this judgment

Can objections regarding the jurisdiction of a Special Court be raised before that court even if they involve complex legal questions like retrospectivity?
Should a Special Court decide applications for acquittal under the Code of Criminal Procedure 1898 before proceeding with the merits of the case?
Can an accused be granted protection from arrest pending the resolution of jurisdictional challenges by a Special Court?

Laws & provisions referred

Section 249-A, Code of Criminal Procedure 1898
Section 265-K, Code of Criminal Procedure 1898

Special CourtJurisdictional challengeRetrospectivityAcquittalProtection from arrestProcedural fairness

ORDER

1. SHAFIUR RAHMAN, J.--This order will dispose of all the three petitions as common questions of law arise therein.

2. Leave is refused with the observation that the objections to the jurisdiction of the Special Court on the ground of retrospectivity, and on other legal grounds taken up in the High Court and before us, are allowed to be raised before the Special Court. This question alongwith the prayer for acquittal (under section 249-A or 265-K, Cr.P.C.) shall be decided by the Special Court first.

3. Pending the disposal of such jurisdictional questions and the question of acquittal, the accused not already exempted or to be exempted in future from attendance before Special Court shall personally attend the hearing and will not be arrested provided they continue to attend on each date of hearing.

4. Keeping in view the nature of this case and its special features, the Special Court may consider deciding this matter very early, if possible, within two months from today.