Pakistan Case Law
1992 SCMR 1128

ISLAMIC REPUBLIC OF PAKISTAN vs MUHAMMAD NASEEM BAIG and others

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Citation1992 SCMR 1128
CourtSupreme Court of Pakistan
Case No.Civil Petitions for Leave to Appeal Nos.27-K to 55-K of 1989
Date1990-02-25
Judge(s)Abdul Kadir Shaikh, Naimuddin and Abdul Hafeez Memon
Authored byAbdul Kadir Shaikh
ResultLeave granted
Summary

This matter concerns the competence of an Ex Officio Public Prosecutor, appointed by the Provincial Government, to file acquittal appeals under the direction of the Federal Government. The core legal question addressed by the Supreme Court is whether such an advocate, acting under Federal Government instructions, satisfies the requirements for filing appeals as stipulated under the Pakistan Criminal Law Amendment Act, 1958. Upon consideration, the Supreme Court granted leave to appeal and allowed the petitions. The Court directed that the resulting appeals be heard together within a period of three months based on the existing records, while granting the parties liberty to submit additional documentation if necessary. The judgment establishes the necessity of determining the procedural validity of an Ex Officio Public Prosecutor's authority when acting under the direction of the Federal Government in the context of acquittal appeals, thereby setting the stage for a definitive interpretation of the statutory authorization required for such filings.

Questions settled in this judgment
  • Is an Ex Officio Public Prosecutor appointed by the Provincial Government competent to file acquittal appeals under the direction of the Federal Government pursuant to the Pakistan Criminal Law Amendment Act 1958?
Laws & provisions referred
  • Section 10(2), Pakistan Criminal Law Amendment Act 1958
acquittal appealpublic prosecutorcompetence to file appealcriminal procedurestatutory interpretation

ORDER

1. ' ABDUL KADIR SHAIKH, J.---The question, inter alia, for consideration is whether Mr. Sarfraz Ahmad, Advocate, who is an Ex Officio Public Prosecutor appointed by the Provincial Government was competent to file the acquittal appeals within the meaning of section 10(2) of Pakistan Criminal Law Amendment Act, 1958, as he had done so under the direction of the Federal Government.

2. ' Leave is granted and the petitions are allowed.

3. ' Appeals arising out of these petitions shall be heard together within three months on the present records. It is however, open to the parties to file additional documents, if any.

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