MOMEEN KHAN and anothers vs SUPREME APPELLATE COURT, PESHAWAR and 5 others
This matter arises from a direct petition filed under Article 184(3) of the Constitution of Pakistan 1973, challenging the judgment of the Supreme Appellate Court, Peshawar, which had set aside the petitioners' acquittal by the Speedy Trials Court and convicted them under sections 302/34 and 337-A(i)/34 of the Pakistan Penal Code 1860, sentencing them to death and other terms. The core legal question was whether a direct petition under Article 184(3) is maintainable against a final judgment of the Supreme Appellate Court rendered pursuant to the Special Courts for Speedy Trials Ordinance 1991 and Article 212-B of the Constitution. The Supreme Court held that Article 212-B of the Constitution places a complete bar on the jurisdiction of any other court, including the Supreme Court, in respect of proceedings and judgments of Speedy Trial Courts and the Supreme Appellate Court, rendering such judgments final. The key principle laid down is that judgments of the Supreme Appellate Court under the constitutional framework of Article 212-B and the Special Courts for Speedy Trials Ordinance 1991 are final and immune from challenge in ordinary or direct constitutional proceedings before the Supreme Court.
- Whether a direct petition under Article 184(3) of the Constitution is maintainable against a judgment of the Supreme Appellate Court?
- Does Article 212-B of the Constitution bar the Supreme Court from entertaining challenges against proceedings of Speedy Trial Courts or the Supreme Appellate Court?
- Can a judgment rendered by the Supreme Appellate Court under the Special Courts for Speedy Trials Ordinance be challenged in any other court?
- Section 302, Pakistan Penal Code 1860
- Section 307, Pakistan Penal Code 1860
- Section 353, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 13, Special Courts for Speedy Trials Ordinance 1991
- Section 337-A(i), Pakistan Penal Code 1860
- Article 184(3), Constitution of Pakistan 1973
- Article 8, Constitution of Pakistan 1973
- Article 9, Constitution of Pakistan 1973
- Article 25, Constitution of Pakistan 1973
- Article 212-B, Constitution of Pakistan 1973
ORDER
' SAJJAD ALI SHAH, C J.---Both the petitioners named above were put on trial for offences under section 302/307/353/34, P.P.C. In the Court for Speedy Trials, Peshawar and vide judgment dated 6- 5-1992 were acquitted for the reason that benefit of doubt was given to them as prosecution failed to prove the charges. It is alleged by the prosecution that four accused persons including the two petitioners were armed with Klashnikovs and pistols and opened fire; In consequence of which three persons died including Rustam Khan who failed to return Rs,20,000 to Shamshad Ali. The State filed appeal under section 13 of the Special Courts for Speedy Trials Ordinance, 1991 in the Supreme Appellate Court, Peshawar, which is allowed vide judgment dated 6-6-1992 and in the result order of acquittal is set aside and petitioners have been convicted for offence under section 302/34, P.P.C. On three counts' and under section 337-A(i)/34, P.P.C. On two counts for causing injuries to Izzat Khan and Ummara Khan P.Ws. And sentenced to death with other shorter sentences also awarded.
2. Feeling aggrieved, petitioners have filed this direct petition in this Court under Article 184(3) of the Constitution challenging the judgment of the Supreme Appellate Court on the grounds that proceedings undertaken, resulting in conviction and sentence, were violative of Articles 8, 9 and 25 of the Constitution being discriminatory in nature and are not sustainable under the law. So far this legal ground is concerned, Sardar M. Ishaque, learned counsel for the complainant present in the Court on caveat, stated that constitutionality of the proceedings under special law in this case was challenged by the petitioners in Writ Petition No,343/95, which was dismissed by the High Court; against which Petition for Special Leave to Appeal No,40/95 was filed in this Court. At the initial stage stay was granted but subsequently the said petition was withdrawn. Such withdrawal has attained finality so far challenge to the proceedings on legal grounds is concerned. Subsequently, the petitioners have filed this direct petition under Article 184(3) of the Constitution on the same grounds. In any case, it appears beyond doubt that Article 212-B of the Constitution contemplates complete bar by any other Court including this Court in respect of proceedings of Speedy Trial Courts or Supreme Appellate Court, hence judgment rendered by Supreme Appellate Court, which is composed of a Judge of Supreme Court and two other Judges of the High Court, is final in nature and is not open to challenge in any other Court including the Supreme Court. In support of the proposition mentioned above, reference can be made to the case of Mst. Zubaida v. Supreme Appellate Court, Lahore and others 1993 SCM R 1951.
3. Another ground urged by the learned counsel for the petitioners is that compromise between the parties is in the offing and in that respect heirs of two deceased persons have already compromised and efforts are being made for compromise with heirs of deceased Rustam Khan.
This assertion is controverted by the learned counsel for the complainant, who has stated that the petitioners and their accomplices had come fully prepared to kill Rustam Khan and in firing incidentally other two persons also lost their lives and some other persons were injured, hence legal heirs of deceased Rustam Khan are fully determined not to go for any compromise with the petitioners and the assertion for compromise has no foundation so far as the legal heirs of deceased Rustam khan are concerned.
4. For the facts and reasons stated above, we are of the view that this petition is not maintainable, hence the same is dismissed.