THE STATE vs ABDUL MAJEED
This matter comes before the Supreme Court of Pakistan upon a petition filed by the State, represented by the Additional Advocate-General, challenging the alteration of a sentence by the High Court as being neither legal nor proper. The core legal question concerns the legality and adequacy of the sentence passed by the High Court. The Court granted leave to appeal to examine the specific question of the inadequacy of the sentence. The key principle laid down is that the Supreme Court may grant leave to appeal to consider whether a sentence altered by a lower court is adequate and in accordance with the law upon a petition by the State.
- Whether leave to appeal can be granted by the Supreme Court to consider the inadequacy of a sentence?
- Is the alteration of a sentence by the High Court subject to review by the Supreme Court regarding its legality and propriety?
ORDER
1. ' GHULAM MUJADDID, J.-- Learned Additional Advocate-General appearing in support of this petition on behalf of the State relied on the observation made by this Court in Criminal Petition for Leave to Appeal No, 193 of 1984 and submitted that the sentence altered by the High Court was neither legal nor proper.
2. ' We grant leave to appeal to consider the question of inadequacy of the sentence.