THE STATE And Another vs SAKHWAT And Other
This matter concerns two criminal appeals, one filed by the State against the acquittal of two respondents and another by a convict against his conviction and sentence, both arising from a trial before the Punjab Special Court for Speedy Trials. The primary legal question addressed by the Supreme Court was the determination of the appropriate appellate forum for judgments rendered by the Special Court for Speedy Trials. Upon review, the Court examined the relevant statutory framework governing appeals from such special tribunals. The Court held that, pursuant to the specific provisions of the Special Courts for Speedy Trials Act, 1987, the jurisdiction to hear appeals against the judgments of the Special Court lies with the High Court, not the Supreme Court. Consequently, the Court ruled that the appeals had been filed in the wrong forum due to a misunderstanding of the law. The key principle laid down is that appellate jurisdiction must strictly follow the statutory path prescribed by the governing legislation, and where an appeal is filed in the Supreme Court erroneously, it must be returned for presentation before the competent High Court.
- Which court possesses the appellate jurisdiction to hear appeals against judgments rendered by a Special Court for Speedy Trials under the Special Courts for Speedy Trials Act 1987?
- Is the Supreme Court the appropriate forum for an appeal against a conviction or acquittal from a Special Court for Speedy Trials?
- Section 302, Pakistan Penal Code 1860
- Section 307, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 12, Special Courts for Speedy Trials Act 1987
ABDUL SHAKURUL SALAM, J.---This order will deal with Criminal Appeal No. 197 of 1987 and Criminal Appeal No. 91 of 1988, the first by the State against acquittal of Sakhwat and Siddique respondents and the second by Liaqat against his conviction.
2. Sakhwat, Siddique and Liaqat were tried under section 302/307/34, P.P.C. By Punjab Special Court for Speedy Trials No.VI, Bahawalpur. Sakhawat and Siddique were acquitted whereas Liaqat was convicted under section 302, P.P.C. And sentenced to death and fine of Rs.50,000 in default of payment of fine to further undergo imprisonment for a period of one year. Half of the fine if recovered was to be paid to the heirs of Habib Ullah deceased as compensation. He was further convicted under section 307, P.P.C. For making attempt to murder Noor Muhammad P.W. And sentenced to undergo ten years' R.I. And fine of Rs.25,000 in case of default in the payment of fine, to undergo further of imprisonment for a period of six months. He was also convicted under section 307, P P.C. For making attempt to murder Khuda Bakhsh P.W. By firing at him and sentenced to undergo ten years' R.I. And fine of Rs. 25,000 in default to undergo further imprisonment for a period of six months. Half of the fine imposed under section 307, P.P.C. If recovered was to be paid to Noor Muhammad and Khuda Bakhsh as compensation. Sentences under section 307, P.P.C. Were ordered to run concurrently. This is vide judgment dated 24-11-1987. The State as well as the convict filed appeals in the Lahore High Court at Bahawalpur Bench. These were returned with the objection that the appeals lay before the Supreme Court.
2-A. Learned counsel for the appellants have submitted that the appeals were returned under some misunderstanding and were therefore, filed in this Court. However, according to the statutory provisions, section 12 of Special Courts for Speedy Trials Act, 1987, the appeals lay before the High Court. Therefore, they say that the appeals may be returned to be presented before the High Court.
The appeals are returned to be presented before the proper Court.