SHAHID MAQBOOL vs The STATE
This matter comes before the Supreme Court of Pakistan upon a petition for leave to appeal. The core legal question concerns whether a miscarriage of justice occurred when the High Court failed to process an appeal filed by the petitioner against his conviction and sentence by the trial court, and subsequently observed in the impugned judgment that the petitioner had failed to prefer an appeal, thereby condemning him unheard. The Supreme Court granted leave to consider this grievance, directing that the appeal along with connected Criminal Petitions Nos. 10 and 11 of 1994 be considered together. The holding establishes that leave is warranted to examine procedural failures and violations of the right of audience in criminal appellate proceedings.
- Whether an appeal left unprocessed by the court office constitutes a denial of the right to be heard?
- Does an incorrect observation by the High Court that no appeal was filed result in a miscarriage of justice?
ORDER
1. SAIDUZZAMAN SIDDIQUI, J.---Leave is granted in the above case to consider whether in view of the fact that the petitioner had filed an appeal against his conviction and sentence by trial Court before the High Court which was not processed by the office and on the contrary in the impugned judgment an observation was made that the petitioner had failed to prefer appeal against his conviction which resulted in miscarriage of justice and petitioner was condemned unheard before the High Court. Criminal Petitions Nos. 10 and 11 of 1994 will also be considered along with the above appeal.
Cited by 1 case
- SABIR KHAN Versus MUHAMMAD ALI 2003 MLD 1454