MUHAMMAD ALI vs THE STATE
This appeal by leave of the Court is directed against the partial acceptance by the Federal Shariat Court of the appellant's appeal, wherein his conviction and sentence under section 10(2) of the Offence of Zina (Enforcement of Hudood) Ordinance 1979 were upheld. The appellant, a former Foot Constable in the Police, challenged his remaining conviction primarily to seek reinstatement in service, having already served out his substantive sentence. The Supreme Court of Pakistan heard the learned counsel for the appellant and examined the matter. The Court held that the case no longer merited re-examination. Consequently, the Court withdrew the leave granting order and dismissed the appeal. The key principle laid down is that where a sentence has been fully served and the primary remaining grievance relates to service matters, the Court may decline to re-examine concurrent findings of lower appellate forums on merits.
- Whether an appeal against a criminal conviction should be re-examined when the appellant has already served out the sentence and seeks the appeal solely for reinstatement in service?
- Can the Supreme Court withdraw a leave granting order upon re-evaluation of the merits or circumstances of a case?
- Section 11, Offence of Zina (Enforcement of Hudood) Ordinance 1979
- Section 10(3), Offence of Zina (Enforcement of Hudood) Ordinance 1979
- Section 10(2), Offence of Zina (Enforcement of Hudood) Ordinance 1979
ORDER
1. ' MUHAMMAD AFZAL ZULLAH, J.--This appeal through leave of the Court is directed against partial acceptance by the Federal Shariat Court of the appellant's appeal against his conviction under section 11 and under section 10(3) of the Offence of Zina (Enforcement of Hudood) Ordinance No, VII of 1979. His conviction and sentence under section 10(2) only has been upheld.
2. ' He has thus challenged his conviction and sentence under section 10 (2) of the Ordinance.
3. Learned counsel has stated that the appellant who was a Foot Constable in Police has already served out his sentence; but, he wanted to pursue the appeal only so as to regain his service in the Police.
4. ' After hearing the learned counsel in this matter we are satisfied that the case does not now merit re-examination by this Court. Accordingly we withdraw the leave granting order and dismiss the petition.