P L D 1984 Supreme Court 343 (PLP)
Present : Justice Muhammad Afzal Zullah, Chairman, Justices Nasim Hasan Shah, Shafiur Rahman, Pir Muhammad Karam Shah and Muhammad, Taqi Usmani, JJ Versus Criminal Petition for Leave to Appeal No. 3(S)-R of 1984, decided on 2nd April, 1984.
| Citation | P L D 1984 Supreme Court 343 (PLP) |
| Forum / Court | P L D 1984 Supreme Court 353 Shariat Bench |
| Bench Members | Single Bench |
| Parties | Present : Justice Muhammad Afzal Zullah, Chairman, Justices Nasim Hasan Shah, Shafiur Rahman, Pir Muhammad Karam Shah and Muhammad, Taqi Usmani, JJ Versus Criminal Petition for Leave to Appeal No. 3(S)-R of 1984, decided on 2nd April, 1984. |
Q1: What are the key laws and sections cited in P L D 1984 Supreme Court 343 (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 1984 Supreme Court 343 (PLP)?
The case was heard and decided by the P L D 1984 Supreme Court 353 Shariat Bench bench comprising: Honorable Judges.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 1984 Supreme Court 343 (PLP) (Present : Justice Muhammad Afzal Zullah, Chairman, Justices Nasim Hasan Shah, Shafiur Rahman, Pir Muhammad Karam Shah and Muhammad, Taqi Usmani, JJ Versus Criminal Petition for Leave to Appeal No. 3(S)-R of 1984, decided on 2nd April, 1984.). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- S. Asghar Hussain, Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for Petitioners.
- Date of hearing : 2nd April, 1984.
Headnotes / Summary
(From the judgment dated 27-11-1983 of the Federal Shariat Court in Criminal Appeal No 140/I of 983). (a) Constitution of Pakistan (1973) -- Art. 203-F (2-A)-Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 10(2)-Zina-Plea of Nikah and legitimacy of child-Mala fide-Accused persons relying on material brought on file and showing that plea was not mala fide and that they were handicapped in not producing all necessary witnesses/documents Leave to appeal granted to examine questions : Whether accused's pleas regarding two Nikahs and legitimacy of the child involved in the case was not mala fide as visualised in Muhammad Azam v. Muhammad Iqbal and others P L D 1.984 S C 95 ; Whether rule laid down in P L D 1984 S C 95 was not attracted in present case-Delay in filing petition for leave to appeal also condoned-Request for bail made by accused persons refused on ground of likelihood that they might continue committing offence they had been charged with-Plea regarding suspension of sentence of whipping allowed during pendency of appeal in Supreme Court. Muhammad Azam v. Muhammad Iqbal and others P I, D 1984 S C 95 considered. (b) Offence of Zion (Enforcement of Hudood) Ordinance (VU of 1979) -- S. 10(2)-Zina-bil-Jabr-Plea of Nikah-Every plea of Nikah, held, would not attract rule laid down in Muhammad Azam v. Muhammad Iqbal and others P L D 1984 S C 95-Plea of Nikah if prima facie appearing to be frivolous, vexatious, mala fide etc. said rule shall not be attracted. Muhammad Azam v. Muhammad Iqbal and others P L D 1984 S C 95 ref. Nemo for the State.
Judgment & Decree
JUSTICE MUHAMMAD AFZAL ZULLAH, CHAIRMAN: Conviction and sentence of the petitioners for offence under section 10(2) of Ordinance No. VII of 1979, has been brought under challenge in this petition for leave to appeal. The complainant (Muhammad Sharif) alleged that Mst. Maqsood Mai petitioner convict is his wife since 1978 while the petitioner's plea was that she was married to Sbakir Muhammad petitioner convict and that she having been abducted by Sharif the complainant, in fact was lodged against him, but the police did not proceed against him and instead the petitioners were falsely implicated. Both the parties produced copies of respective Nikahnamas Sharif produced witnesses to prove the Nikah and further alleged that a child was born in this wedlock. The petitioners failed to produce evidence to support their Nakahnama. They however alleged that the child was illegitimate. Both the learned Courts below have disbelieved the petitioners' version about the two Nikahs and thus found them. guilty of Zina. Learned counsel has contended that plea of valid Nikah having been raised by the petitioners the procedures laid down in Muhammad Azam v. Muhammad 1qbal and others P L D 1984 S C 95, have not been followed by the learned Courts below. It is not every plea regarding the Nikah that would attract the rule relied upon by the learned counsel. It has been clarified in the said judgment more, than once that if the plea prima facie appears to be frivolous, vexatious, mala fide etc. then the rule shall not be attracted. However learned counsel has relied on material brought on file as evidence or otherwise to show that the plea was not mala fide and that the petitioners were handicapped in not producing all the necessary witnesses/ documents. After hearing the learned counsel we consider it a fit case to examine: E whether, the petitioners' pleas regarding the two Nikahs and legitimacy of the child involved in this case is not mala fide as visualised in the case of Muhammad Azam ; and also, whether the rule laid down in the said case is not attracted here. Delay is condoned. Leave to appeal is granted. The entire record of the trial Court shall be printed. Request for bail made by the learned counsel is refused because in case the petitioners are guilty, it is likely that they might continue committing the offence they have been charged with. The plea regarding suspension oft' sentence of whipping only however is allowed. It shall remain suspended during the pendency of this appeal to this Court. M. Z. M. Leave granted.