1979 PLP 282 (SCMR)
MUSHATAQ AHMAID‑Petitioner Versus PRESIDENT, SPECIAL MILITARY COURT No. 7, KARACHI AND ANOTHER‑Respondents
| Citation | 1979 PLP 282 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Karam Elahee Chauhan and Nasim Hasan Shah, JJ |
| Parties | MUSHATAQ AHMAID‑Petitioner Versus PRESIDENT, SPECIAL MILITARY COURT No. 7, KARACHI AND ANOTHER‑Respondents |
| Primary Law | Constitution of Pakistan (1973)‑ |
Q1: What are the key laws and sections cited in 1979 PLP 282 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973)‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1979 PLP 282 (SCMR)?
The case was heard and decided by the High Court bench comprising: Karam Elahee Chauhan and Nasim Hasan Shah, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1979 PLP 282 (SCMR) (MUSHATAQ AHMAID‑Petitioner Versus PRESIDENT, SPECIAL MILITARY COURT No. 7, KARACHI AND ANOTHER‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Z. U. Ahmad, Advocate Supreme Court and M. Shabbir Ghaury, Advocate -on‑Record (absent) for Petitioner.
- Nemo for Respondents.
- Date of hearing: 6th November, 1978.
Headnotes / Summary
(On appeal from the judgment and order of the High Court of Sind, Karachi, dated 10‑9‑1978, in Constitution Petition No. 1008 of 1978). --Art. 185(3)‑Leave to appeal to Supreme Court‑Case in High Court still at motion stage and not admitted to regular hearing‑Points on merits of case both on legal as well as factual plane as raised before Supreme Court yet to be attended to by High Court Supreme Court declined to go into such questions and left them to be first attended to by High Court particularly in matter of bail keeping in view short sentence involved in case.
Judgment & Decree
KARAM ELAHEE CHAUHAN, J.‑The petitioner was convicted by a Summary Military Court on 11‑7‑1978, for an offence under section 411, P. P. C. for dishonestly retaining the stolen property involved in this case and was awarded rigorous imprisonment for six months and a fine of Rs. 30,000 and in default of payment of fine, for a further rigorous imprisonment for three months. The petitioner filed a "constitution petition" in the High Court of Sind at Karachi bearing No. 1008 of 1978. The petition came up before a learned Single Judge of that Court and on the prayer of the learned counsel for the petitioner he sent for the record. The petitioner had applied for interim bail but his request' was not acceded to because the Court was of the view that the questions raised by the petitioner had yet to be examined with reference to the record and unless that was done the question of bail was premature. Against the aforesaid order dated 3‑7‑1978, the petitioner has come up in a petition for special leave to appeal to this Court.
2. It is to be pointed out that the case in the High Court is still at the motion stage and has not yet been admitted to a regular hearing. Learned counsel for the petitioner wanted to raise certain points on the merits of the case both on the legal as well as the factual plane but w are of the view, that as these points are yet to be attended to be the learned Judge of the High Court we should not go into the same an" should rather leave them to be first attended to by the High Court; particularly for bail, keeping also in view the short sentence involved in the case. The petition for these reasons is not entertained and is dismissed with the observations aforesaid. Petition dismissed.