NASIR and another vs THE STATE and 2 others
This matter concerns a petition for leave to appeal filed by the petitioners against an order of the Lahore High Court, which had dismissed their appeal against the acquittal of their co-accused. The core legal question addressed by the Supreme Court was whether the petitioners, who were themselves convicted, possessed the requisite locus standi or legal right to challenge the acquittal of their co-accused in the same case. Additionally, the court examined the issue of limitation, as the petition was filed seven days beyond the prescribed period of limitation. The Supreme Court upheld the decision of the High Court, affirming that the petitioners lacked the locus standi to file an appeal against the acquittal of the co-accused. Furthermore, the court found that the petitioners failed to provide sufficient grounds to justify the condonation of the seven-day delay in filing the petition. Consequently, the Supreme Court dismissed the petition both on its merits and on the grounds of being time-barred, thereby reinforcing the principle that a convict does not have an inherent right to appeal the acquittal of co-accused parties.
- Does a convicted person have the locus standi to file an appeal against the acquittal of their co-accused?
- Can a petition for leave to appeal be dismissed on the grounds of being time-barred if no sufficient cause for delay is shown?
' MUNIR A. SHEIKH, J.---The co-accused in the case were acquitted. The petitioners who were convicted filed appeal against the acquittal of the said co-accused before the Lahore High Court, which has been dismissed by holding that the petitioners had no locus standi or right to file appeal.
2. Learned counsel for the petitioners has not been able to satisfy us that the view taken by the High Court is not legally correct.
3. This petition is barred by time by seven days. No sufficient ground has been disclosed for condonation of delay, therefore, the application made by the petitioners seeking condonation of delay is hereby dismissed.
4. For the foregoing reasons, this petition is dismissed both on merits and as barred by time as well and .