1996 PLP 973 (SCMR)
Mst. NUSRAT‑‑‑Petitioner Versus THE STATE‑‑‑Respondent,
| Citation | 1996 PLP 973 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Muhammad Munir Khan, J |
| Parties | Mst. NUSRAT‑‑‑Petitioner Versus THE STATE‑‑‑Respondent, |
Q1: What are the key laws and sections cited in 1996 PLP 973 (SCMR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1996 PLP 973 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Muhammad Munir Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1996 PLP 973 (SCMR) (Mst. NUSRAT‑‑‑Petitioner Versus THE STATE‑‑‑Respondent,). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- S.M. Tayyab, Advocate Supreme Court for Petitioner. Muhammad Anwar Ghuman for the State on notice.
- Dates of hearing: 26th and 27th September, 1994.
Headnotes / Summary
(a) Criminal Procedure Code (V of 1898)‑‑ ‑‑‑‑S. 497‑‑‑Penal Code (XLV of 1860), S. 302/34‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑‑Ad interim bail‑‑‑Suckling child of accused was kept with her in jail obviously for his welfare‑‑‑Concept of "welfare of minor" was incompatible with jail life‑‑‑Instead of detaining the innocent child/infant in the jail for the crime allegedly committed by his moth6r, it was in the interest of justice as well as welfare of minor if the mother was released from jail‑‑‑Holy Prophet Muhammad (p.b.u.h.) in the famous case of "Ghamidiyyah" had suspended the sentence of pregnant woman not only till delivery of the child, but also postponed it till suckling period i.e. two years obviously for the welfare of the child which shows the paramount importance and significance of the right of a suckling child in Islam and the unprecedented care taken of and the protection given to a child born or expected to be born by Holy Prophet Muhammad (p.b.u.h.) and this golden principle of administration of justice must be strictly observed and followed in the country‑‑‑Ad interim bail was consequently allowed to accused till the hearing of the petition for leave to appeal. Ghamidiyyah's ref. (b) Islamic Jurisprudence‑‑‑ ‑‑‑‑Administration of justice‑‑‑Principles enunciated by Muslim Jurists etc.‑‑ Principles of justice enunciated by Muslim Jurists/Imams/Qazis are more illuminating and full of wisdom than principles enunciated by Western Jurists and Scholars‑‑‑For the true and safe administration of justice in civil and criminal cases, Courts in Pakistan must seek guidance from the decisions given and the principles of dispensation of justice enunciated by Holy Prophet Muhammad (p.b.u.h.), the four Calips, Imams and eminent Qazis and the same should be given overriding effect over Western principles of justices.
Judgment & Decree
Principles enunciated by Muslim Jurists etc.-- Principles of justice enunciated by Muslim Jurists/Imams/Qazis are more illuminating and full of wisdom than principles enunciated by Western Jurists and Scholars
For the true and safe administration of justice in civil and criminal cases, Courts in Pakistan must seek guidance from the decisions given and the principles of dispensation of justice enunciated by Holy Prophet Muhammad (p.b.u.h.), the four Calips, Imams and eminent Qazis and the same should be given overriding effect over Western principles of justices. S.M. Tayyab, Advocate Supreme Court for Petitioner. Muhammad Anwar Ghuman for the State on notice. Dates of hearing: 26th and 27th September, 1994. Mst. Nusrat, the petitioner, having a suckling baby, is booked for the murder of Mst. Surrayya. According to the prosecution the petitioner and her brother Muhammad Rafique had caused the death of the deceased on 18-1-1994 at 2-00 p.m. in Chak No.324/GB, Police Station, Chatiana, District Toba Tek Singh over domestic differences. The sucking bady was admitted in the jail with her mother.
2. The bail applications of the petitioner were rejected by the Lahore High Court, Lahore on 16-8-1994. Hence this Miscellaneous Application for ad interim bail.
3. The learned counsel for the petitioner and the learned counsel for the State heard.
4. The suckling child of the petitioner kept in jail is undoubtedly innocent. He is kept in jail with mother obviously for his welfare. The concept of "welfare of minor" is incompatible with jail life. So, instead of detaining the innocent child infant in the jail for the crime allegedly committed by his mother, it would be in the interest of justice as well as welfare of minor if the mother is released from the jail. In famous case of Ghamidiyyah, our Holy Prophet Muhammad A (p.b.u.h.) had suspended the sentence on pregnant woman, not only till delivery of the child but also postponed it till suckling period i.e., two years, obviously for the welfare of the child. This shows the paramount importance and significance of the right of a suckling child in Islam and the unprecedented care taken of, and the protection given to a child born or expected to be born, by our Holy Prophet Muhammad (p.b.u.h.). This golden principle of administration of justice enunciated by the Holy Prophet Muhammad (p.b.u.h.) must be strictly observed and followed in our country, So, respectfully following the same, I allow ad interim bail to the petitioner in the sum of Rs.20,000 with one surety in the like amount to the satisfaction of the Assistant ; Commissioner/Duty Magistrate, Toba Tek Singh, till the hearing of the petition for leave to appeal.
5. Before parting with the order, I would like to add that the principles of justice enunciated by Muslim Jurists/Imams/Qazis are more illuminating and full of wisdom than principles enunciated by Western Jurists and Scholars. For the true and safe administration of justice in civil and criminal cases, the Courts in Pakistan must seek guidance from decisions given, and the principles of dispensation of justice enunciated by our Holy Prophet Muhammad (p.b.u.h.), the four Caliphs (Razi Allah Ta' ala un Hum), Imams and eminent Qazis. These decisions and principles should be given overriding effect over Western principles of justice. N.H.Q./N.406/S Interim bail allowed.