Pakistan Case Law
2004 SCMR 1026

MEHBOOB AHMED vs JAM SOBHA

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Citation2004 SCMR 1026
CourtSupreme Court of Pakistan
Case No.Criminal Petition No, 409-L of 2003
Date2003-11-24
Judge(s)Sh. Riaz Ahmed, C.J and Karamat Nazir Bhandari
Authored bySh. Riaz Ahmad
ResultLeave refused
Summary

This petition for leave to appeal arises from an interim order passed by the Lahore High Court, which set aside a judgment of the Sessions Judge and remanded the case for retrial from the stage of arguments against a specific respondent. The core legal question involved the legality of the High Court's remand order and the consideration of Section 99 of the Pakistan Penal Code. The Supreme Court of Pakistan declined to interfere with the interim order at this preliminary stage, holding that it would not be proper to dilate upon the merits or opine on the correctness of the High Court's judgment while the trial is still pending. The petition was accordingly dismissed and leave to appeal was declined, with a direction to the trial court to proceed with the case expeditiously and independently.

Questions settled in this judgment
  • Whether the Supreme Court will interfere with an interim remand order before the conclusion of the trial?
  • Can the trial court proceed with a case independently without being influenced by observations of the High Court in a remand order?
Laws & provisions referred
  • Section 99, Pakistan Penal Code 1860
petition for leave to appealremandcriminal revisioninterim ordertrial

ORDER

' SH. RIAZ AHMAD, C.J.---This petition for leave to, appeal arises from the order, dated 2-6-2002 whereby the learned Division Bench of the Lahore High Court by allowing the criminal revision petition preferred on behalf of the respondent, set aside the judgment of the learned Sessions Judge, Rahitnyar Khan, dated 27-10-1992 and remanded the case to the learned Sessions Judge Rahimyar Khan with A direction to restart the trial from the stage of arguments against Mehboob Ahmed respondent alone.

2. The impugned order is only the interim order, and been manycontentions have en raised by Barrister M. Farani to canvass that the same is not in accordance with law, because the High Court has omitted to consider the import of section 99 Pakistan Penal Code.

3. Be that as it may it would not be proper at this stage by this Court to dilate upon the merits or to opine about the correctness, legality or otherwise of the judgment of the High Court as the trial Court in pursuance of the interim order has yet to determine the guilt orinnocence of the person involved, therefore, in the interest of justice, we direct the trial Court to proceed with the case as expeditiously as possible quite independently without being influenced by any observation made by the High Court.

' Petition dismissed and leave to appeal declined. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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