Pakistan Case Law
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1995 SCMR 1101
[Supreme Court of Pakistan]

Chaudhry LIAQUAT ALI Versus STATE BANK OF PAKISTAN and 3 other

Criminal Petitions for Leave to Appeals Nos. 67/K and 68/K of 1994, decided on 18th October, 1994.
Authored by Muhammad Rafiq Tarar. Result: Leave granted.
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Summary

The petitioner sought leave to appeal against the proceedings initiated against him, raising a fundamental question regarding the retrospective application of criminal law. The core legal issue presented for consideration is whether an individual can be lawfully charged under Section 27-A of the Banking Companies Ordinance, 1962, for alleged offences committed in 1987, given that the specific provision was only incorporated into the statute through an amendment enacted in 1990. The Supreme Court granted leave to appeal to examine this constitutional and legal question, specifically focusing on the prohibition against the retrospective application of penal statutes. The Court's decision to grant leave indicates that the matter requires a definitive ruling on whether the principle of non-retroactivity of criminal legislation precludes the application of the 1990 amendment to acts committed prior to its commencement. The case essentially addresses the limits of legislative power in creating retrospective criminal liability and the protection afforded to citizens against ex post facto laws.

Questions settled in this judgment
  • Can a person be charged under a statutory provision for an offence committed before that provision was enacted?
  • Does the amendment of 1990 to the Banking Companies Ordinance 1962 apply retrospectively to offences committed in 1987?
retrospective applicationpenal statutesex post facto lawcriminal liabilityBanking Companies Ordinance

ORDER

MUHAMMAD RAFIQ TARAR, J.---Leave to appeal is granted to consider inter alia whether for the offences committed in the year 1987 the petitioner could lawfully be charged under section 27-A of the Banking Companies Ordinance, 1962 which was added thereto through an amendment made in 1990.

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