ALTAF GAUHAR vs FEDERAL GOVERNMENT OF PAKISTAN AND Other
This matter originated as an appeal filed by the appellant, Mr. Altaf Gauhar, challenging an order of a Special Court that had rejected his preliminary objections regarding the Court's jurisdiction to try him. The Government of Pakistan had directed the trial of the appellant pursuant to the Criminal Law Amendment (Special Court) Order, 1972. While the appeal was pending before the Supreme Court of Pakistan, the appellant filed a miscellaneous petition informing the Court that the Special Court had subsequently acquitted him of all charges on 31st December 1973. Consequently, the appellant requested that the appeal be dismissed as having become infructuous. The Supreme Court, finding no objection to the request, held that since the underlying trial had concluded with an acquittal, the challenge to the Special Court's jurisdiction was no longer a live issue. Accordingly, the Court dismissed the appeal as withdrawn, establishing the principle that an appeal challenging procedural or jurisdictional orders in a criminal trial becomes infructuous upon the final acquittal of the accused by the trial court.
- Does an appeal challenging the jurisdiction of a Special Court become infructuous if the accused is acquitted by that court during the pendency of the appeal?
- Can an appellant withdraw an appeal that has become infructuous due to subsequent developments in the trial court?
- Article 3, Criminal Law Amendment (Special Court) Order 1972
- Article 11(1), Criminal Law Amendment (Special Court) Order 1972
1. MUHAMMAD AKRAM, J.-The Government of Pakistan, by means of a notification dated the 3rd January 1973, issued in pursuance of Article 3 of the Criminal Law Amendment (Special Court)
2. Order, 1972, directed that the appellant, Mr. Altaf Gauhar, be tried by the Special Court and on the 14th April 1973, forwarded the formal charges and statement of the allegations against the accused for his trial. In due course, the appellant put in appearance before the Special Court on the 21st May 1973, and filed a petition questioning the very jurisdiction of that Court to hold the trial or punish him. But the Special Court by a detailed order dated the 4th June 1973, found no force in the preliminary objections thus raised by the appellant and repelled them as untenable. In these circumstances, the appellant filed the above appeal against the order in this Court under Article 11
(1) of the Criminal Law Amendment (Special Court) Order, 1972, But now the appellant his filed a miscellaneous petition to the effect that the Special Court has, on the 31st December 1973, acquitted him of the charges, this appeal has, therefore, become infructuous and may be dismissed as withdrawn. We see no objection to the grant of this prayer made before us.
3. The above appeal is accordingly dismissed as withdrawn with no order as to costs. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.