1989 PLP 992(2) (SCMR)
Present: Muhammad Haleem, CJ., Nasim Hasan Shah, Shafiur Rahntan and Ali Hussain Qazilbash, JJ Versus Criminal Petition No.78-R of 1988, decided on 26th February, 1989.
| Citation | 1989 PLP 992(2) (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Haleem, CJ., Nasim Hasan Shah, Shafiur Rahntan and Ali Hussain Qazilbash, JJ |
| Parties | Present: Muhammad Haleem, CJ., Nasim Hasan Shah, Shafiur Rahntan and Ali Hussain Qazilbash, JJ Versus Criminal Petition No.78-R of 1988, decided on 26th February, 1989. |
| Primary Law | Perjury |
Q1: What are the key laws and sections cited in 1989 PLP 992(2) (SCMR)?
This judgment primarily cites: Perjury as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 PLP 992(2) (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Haleem, CJ., Nasim Hasan Shah, Shafiur Rahntan and Ali Hussain Qazilbash, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 992(2) (SCMR) (Present: Muhammad Haleem, CJ., Nasim Hasan Shah, Shafiur Rahntan and Ali Hussain Qazilbash, JJ Versus Criminal Petition No.78-R of 1988, decided on 26th February, 1989.). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mian M. Ajmal, Additional Advocate-General, N.-W.F.P., Kh. M. Yusuf Saraf, Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for Respondent. .
- Date of hearing: 26th February, 1989.
- Mian M. Ajmal, Additional Advocate‑General, N.‑W.F.P., Kh. M. Yusuf Saraf, Advocate Supreme Court and Ch. Akhtar Ali, Advocate‑on‑Record for Respondent. .
Headnotes / Summary
(From the order of the Peshawar High Court, Circuit Bench Abbottabad, dated 2-7-1988, passed in Criminal Miscellaneous Petition No.106 of 1988).
Witness having not given statement in Court on oath or solemn affirmation, cannot be proceeded against for perjury. Petitioner in person.
Judgment & Decree
ALI HUSSAIN QAZILBASH, J.‑‑This is a petition for leave to appeal against the order of a learned Single Judge of the Peshawar High Court, Circuit Bench Abbottabad, dated 2nd July, 1988.
2. This is a second time that the petitioner has approached this Court. His first round of litigation culminated in the judgment of this Court reported as Muhammad Fareedun v. The State 1987 SCMR 1962. As per the direction of this Court the learned Sessions Judge, Mansehra, took up the matter and after considering the pros and cons rejected the application of the petitioner vide order, dated 12‑3‑1988. Leave to appeal sought by the petitioner in the High Court too has been refused through the impugned order.
3. We have heard the petitioner who argued his case in person. He referred us to the various provisions of law in support of his case but to his misfortune none of the witnesses has given any statement in Court under oath. The statements of some of the witnesses, particularly those of Bara Khan and Mst. Samina, were either recorded under section 164, Cr.P.C. 6r not on oath or solemn affirmation. Therefore, they cannot be proceeded against for perjury. 4.The petition has thus no merit and is hereby dismissed. M.BA./M 754/S Petition dismissed.