KHIZAR HAYAT vs NOOR and others
This petition for leave to appeal arose from a judgment of the Lahore High Court which had dismissed a criminal appeal against an acquittal. During the hearing, the petitioner's counsel stated that in light of the Supreme Court's precedent in Muhammad Sharif v. The State (PLD 1999 SC 1063), an appeal against an acquittal arising out of Hudood laws is competent before the Federal Shariat Court rather than the High Court. Counsel requested that the memorandum of appeal be transmitted to the Federal Shariat Court instead of pressing the instant petition. The Advocate-General raised no objection to this course of action. The Supreme Court disposed of the petition with the observation directing the Registrar of the Lahore High Court to transmit the memo of appeal to the Registrar of the Federal Shariat Court for disposal in accordance with law, noting that the High Court had itself previously observed that the appeal was competent before the Federal Shariat Court.
- Which forum has the competency to hear an appeal against an acquittal arising out of Hudood Law?
- Can the memorandum of appeal filed in the High Court be transmitted to the Federal Shariat Court for disposal according to law?
- Section 417, Code of Criminal Procedure 1898
ORDER
' IFTIKHAR MUHAMMAD CHAUDHRY, J.---This petition for leave to appeal has been filed against the judgment dated 27-4-2001 passed by Lahore High Court, Lahore whereby Criminal Appeal No,1009 of 1996 instituted by petitioner has been dismissed.
2. Learned counsel appearing for the petitioner stated that this Court in the case of Muhammad Sharif v. The State PLD 1999 SC 1063 has held that appeal against acquittal under section 417, Cr.P.C.
Arising out of Hudood Law shall be competent before the Federal Shariat Court. Therefore, he stated that he does not want to press instant petition if this Court after making appropriate observations direct the Registrar, Lahore High Court for transmitting the memo. Of appeal filed by the petitioner before Lahore High Court to the Registrar, Federal Shariat Court, for the purpose of disposal of the matter according to law.
3. Learned Advocate-General has no objection for making such observations.
4. It may be noted that vide impugned judgment dated 27-4-2001 learned High Court has already observed that appeal would be competent before Federal Shariat Court against acquittal order passed by the trial Court in favour of the respondents.
' Thus in view of the law laid down by this Court in the case of A Muhammad Sharif (ibid) noted hereinabove we dispose of instant petition with observation that let the Registrar, Lahore High Court, transmit the memo. Of appeal filed by petitioner ,challenging acquittal order dated 13-10- 1996 passed by Judicial Magistrate 1st Class Phalia to the Registrar Federal Shariat Court for decision in accordance with law.
' The petition is disposed of in the above terms.