2004 P Cr (PLP)
AMIR ULLAH — Petitioner Versus THE STATE and 2 others — Respondents
| Citation | 2004 P Cr (PLP) |
| Forum / Court | Peshawar |
| Bench Members | N/A |
| Parties | AMIR ULLAH — Petitioner Versus THE STATE and 2 others — Respondents |
| Primary Law | (a) Penal Code (XLV of 1860), (c) Criminal Procedure Code (V of 1898), (b) Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 2004 P Cr (PLP)?
This judgment primarily cites: (a) Penal Code (XLV of 1860), (c) Criminal Procedure Code (V of 1898), (b) Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2004 P Cr (PLP)?
The case was heard and decided by the Peshawar bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2004 P Cr (PLP) (AMIR ULLAH — Petitioner Versus THE STATE and 2 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Shakeel Ahmad for Petitioner.
Headnotes / Summary
S. 97
Scope
Right of self-defence can be used as a shield to ward off an unwanted attack to person or property, but it cannot be used as a vehicle for provoking the attack, meaning thereby that it is to be exercised as a preventive measure and not for launching an attack for retaliatory purpose.
Art. 9
Police officials are to act in aid of enforcement of Art.9 of the Constitution which guarantees a fundamental right that no person shall be deprived of life or liberty save in accordance with law
Public functionaries like police, therefore, are to act in aid of enforcement of the said Constitutional provisions rather than to violate the same and to expose themselves to criminal prosecution.
S. 497
Penal Code (XLV of 1860), S.302/34
Bail, refusal of-- Accused was charged for effective firing
Contention that the accused at the relevant time was driving the vehicle and he could not make firing had no force, because according to F.I.R. police party after colliding the coach had deboarded from their official pick-up and started firing with which the deceased was hit and died after a few moments
Specific role attributed to accused was supported by the post-mortem report and other circumstantial evidence
Judgment & Decree
(b) Constitution of Pakistan (1973)
Art. 9
Police officials are to act in aid of enforcement of Art.9 of the Constitution which guarantees a fundamental right that no person shall be deprived of life or liberty save in accordance with law
Public functionaries like police, therefore, are to act in aid of enforcement of the said Constitutional provisions rather than to violate the same and to expose themselves to criminal prosecution. Ch. Muhammad Yaqoob and others v. The State an others 1992 SCMR 1983 ref. (c) Criminal Procedure Code (V of 1898)
S. 497
Penal Code (XLV of 1860), S.302/34
Bail, refusal of-- Accused was charged for effective firing
Contention that the accused at the relevant time was driving the vehicle and he could not make firing had no force, because according to F.I.R. police party after colliding the coach had deboarded from their official pick-up and started firing with which the deceased was hit and died after a few moments
Specific role attributed to accused was supported by the post-mortem report and other circumstantial evidence
Bail was declined to accused in circumstances Ch. Muhammad Yaqoob and others v. The State and others 1992 SCMR 1983 ref. Shakeel Ahmad for Petitioner. Waheedullah Khan for the State. Asadullah Khan Chamkani for the Complainant. Date of hearing: 19th August, 2003.