Mst. SALMA vs ZAMIR AHMAD HUSSAIN and another
This appeal against acquittal was filed by the appellant challenging the judgment dated 28-1-2003 passed by the Sessions Judge, Sukkur. The appellant had initially filed a direct complaint under section 6 of the Muslim Family Laws Ordinance, 1961, against respondent No. 1, who was convicted and sentenced by the trial Magistrate. On appeal, the Sessions Judge acquitted the respondent solely on the ground that the complainant was not competent to file the direct complaint. The core legal question was whether an aggrieved party is competent to maintain a complaint under section 6 of the Muslim Family Laws Ordinance, 1961. The High Court observed that pursuant to the provincial amendment to Rule 21 of the West Pakistan Rules under the Muslim Family Laws Ordinance, 1961 (vide Notification dated 6-12-1988), an 'aggrieved party' was substituted for 'Union Council' and thus authorized to file such complaints. Consequently, with the consent of the parties, the High Court set aside the acquittal order and remanded the matter to the Appellate Court for adjudication on merits.
- Is an aggrieved party competent to file a direct complaint under Section 6 of the Muslim Family Laws Ordinance, 1961 in Sindh pursuant to the amended Rule 21 of the West Pakistan Rules under the Muslim Family Laws Ordinance, 1961?
- Whether an appellate judgment setting aside a conviction solely on the ground of complainant's lack of locus standi can be remanded for decision on merits when the complainant is legally authorized to prosecute?
- Section 6, Muslim Family Laws Ordinance, 1961
- Section 11, Muslim Family Laws Ordinance, 1961
- Rule 21, West Pakistan Rules under the Muslim Family Laws Ordinance, 1961
ORDER
1. ' By this appeal against acquittal, the appellant Mst. Salma has assailed the judgment dated 28-1- 2003 passed by the learned Sessions Judge, Sukkur."
2. ' The brief facts of the case are that appellant/complainant filed a direct complaint before IIIrd Civil Judge/Judicial Magistrate, Sukkur under section 6 of the Muslim Family Laws Ordinance, 1961 against the respondent No,1 Zamir Hussain. He was convicted and sentenced by the trial Court on 24-2003 to suffer simple.Imprisonment for six months and to pay fine of Rs,2,000. In default of the payment of fine he shall suffer simple imprisonment for one month more. The respondent No,1 preferred appeal before learned Sessions Judge, Sukkur. The appeal was allowed solely on the ground that complainant was not competent to file the complaint. The appeal was admitted to regular hearing by this Court on 6-6-2003.
3. ' I have heard Mr. Abdul Qadir Shaikh learned counsel on behalf of appellant/complainant and Mr. Ghulam Sarwar Korai learned counsel on behalf of respondent No,1 as well as Mr. Ghulam Dastagir Shahani, learned Additional Advocate-General on behalf of State.
4. ' Learned counsel for respondent/accused as well as learned A.A.-G. Conceded to the prayer of the appellant/complainant to the extent that the case may be remanded to the learned Sessions Judge for adjudication on merit.
5. ' The amendment was introduced in Rules whereby an "aggrieved" party was authorized/competent to, file the complaint. The relevant Notification is reproduced herein below:- ' West' Pakistan Rules under the Muslim Family Laws Ordinance, 1961 (Amendment)
6. ' (Gazette of Sindh, Part IV-A, 13th April, 1989)
7. ' No,SO(VI)2(74)/88, dated 6-12-1988, in exercise of the powers conferred by section 11 of the Muslim Family Laws Ordinance, 1961, the Government of Sindh is pleased to make the following amendment in the West Pakistan Rules under the Muslim Family Laws Ordinance, 1961, as applicable to Sindh:-- ' In rules 21, for the words 'Union Council' the words 'aggrieved' party shall be. Substituted."
8. ' Resultantly by consent impugned judgment, dated 28-1-2003 passed by the learned Sessions Judge, Sukkur is set aside and appeal is remanded to the Appellate Court for deciding the same according to law on merits. The appeal stands disposed of alongwith listed application.