1995 P Cr (PLP)
MUHAMMAD QASIM and another — Petitioners Versus THE STATE — Respondent
| Citation | 1995 P Cr (PLP) |
| Forum / Court | Federal Shariat Court |
| Bench Members | N/A |
| Parties | MUHAMMAD QASIM and another — Petitioners Versus THE STATE — Respondent |
Q1: What are the key laws and sections cited in 1995 P Cr (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1995 P Cr (PLP)?
The case was heard and decided by the Federal Shariat Court bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1995 P Cr (PLP) (MUHAMMAD QASIM and another — Petitioners Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Malik Rab Nawaz Noon for Petitioners
Headnotes / Summary
S. 10/11
Constitution of Pakistan (1973), Art.203-DD
Both the accused admittedly were husband and wife and pendency of proceedings against them in the Trial Court would have amounted to an abuse of the process of the Court as ultimately they were have to be acquitted of the charge
Proceedings pending against the accused in the Trial Court were quashed is circumstances.
Judgment & Decree
Muhammad Aslam Uns for the State Date of hearing: 12th October 1994. This petition has been filed by the two accused, namely, Muhammad Qasim and Mst. Saima Batool, for quashment of the proceedings, who are facing trial before the Ilaqa Magistrate First Class, Chakwal, in Crime No.30 of 1994, dated 12-4-1994 of Police Station Dudial, District Chakwal, under section 10/11 of the Offences of Zina (Enforcement of Hudood) Ordinance, 1979. 1 have heard Mr. Malik Rab Nawaz Noon; learned counsel for the two petitioners, who are present in person, and also Mr. Muhammad Aslam Uns, learned counsel appearing on behalf of the State.
2. The contention of the learned counsel for the petitioners is that the proceedings are an abuse of the process of the Court inasmuch as the two accused are man and wife having married on 5-4-1994. It is pointed out that "Nikahnama" is available on the police record and that, in any case, the two accused have stated that they are married and living as man and wife. Reference has been made to the following decisions of this Court: (1) P L D 1983 FSC 483 (2) P L D 1988 FSC 22, (3) P L D 1982 FSC 42 (4) 1994 P Cr. L J 2016.
3. The two accused, who are present in Court, confirm the statement made by the learned counsel for the petitioners. The record further shows that Mst. Sauna Batool is an adult and about 18/19 years old.
4. Mr. Muhammad Aslam Uns, learned counsel for the State, does not oppose the petition and states that, in the circumstances, the proceedings are liable to be quashed. I am also of the view that, in the circumstances, the pendency of the proceedings will be an abuse of the process of the Court as, in view of the admitted position, the two petitioners/accused would, in any case, be acquitted of the charge against them in case the proceedings are not quashed and the trial is allowed to continue.
5. In the circumstances, this petition is allowed, and the proceedings pending against the two petitioners before the Magistrate First Class, Chakwal (F.I.R. No.30, dated 12-4-1994 of Police Station Dudial, District Chakwal) are quashed. N.H.Q./922/FSC Proceedings quashed.