SCMR 2008

2008 PLP 119 (SCMR)

AHMED — Petitioner Versus THE STATE — Respondent

Jurisdiction / Court
Supreme Court of Pakistan
Decided Date
Jail Petition No.92 of 2006, decided on 19th September, 2007.
Honorable Judges
Tassaduq Hussain Jillani and Ghulam Rabbani, JJ
Case Reference Summary (AEO Optimized)
Citation 2008 PLP 119 (SCMR)
Forum / Court Supreme Court of Pakistan
Bench Members Tassaduq Hussain Jillani and Ghulam Rabbani, JJ
Parties AHMED — Petitioner Versus THE STATE — Respondent
Primary Law Penal Code (XLV of 1860)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 2008 PLP 119 (SCMR)?

This judgment primarily cites: Penal Code (XLV of 1860) as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 2008 PLP 119 (SCMR)?

The case was heard and decided by the Supreme Court of Pakistan bench comprising: Tassaduq Hussain Jillani and Ghulam Rabbani, JJ.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 2008 PLP 119 (SCMR) (AHMED — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Penal Code (XLV of 1860)

Representation

  • M. Zaman Bhatti, Advocate Supreme Court for Petitioner.

Headnotes / Summary

(Against the judgment of the Lahore High Court Multan Bench, dated 23-1-2006 passed in Criminal Appeal No. 609 of 2001 and Murder Reference No. 565 of 2001).

S. 302--Constitution of Pakistan (1973), Art.185(3)

Petitioner had contended that alleged occurrence was un-witnessed; that conviction had been recorded on the basis of extra-judicial confession allegedly made by petitioner and his co-accused; that extra-judicial confession allegedly made before a close relative of deceased, was repellant to common sense and that dead-body of deceased was recovered from a pit by the Police in the presence of residents of the area and no reference was made to the petitioner being there at the time of recovery

Leave to appeal was granted to consider whether the principles of safe administration of justice had been adhered to while passing the impugned judgment. M. Ashraf Mahandra, D.P.G. for the State.

Judgment & Decree

TASSADUQ HUSSAIN JILLANI, J.

Submits that it was an un-witnessed occurrence; that conviction has been recorded on the basis of extra judicial confession allegedly made by the petitioner and his co-accused Munir Ahmad and recovery of dead body of Zaka Ullah deceased on the pointation of Munir Ahmad co-accused and the motive was allegedly attributed to the petitioner. Inter alia contends that the so-called extra judicial confession allegedly made before a close relative of Zaka Ullah deceased is repellant to common sense; that a bare reading of the statement of P.W.4 Javed Iqbal F.C. who escorted the dead body to mortuary reflects that the dead body was recovered from a pit by police in the presence of the residents of the area and there is no reference to petitioner being there at the time of recovery.

2. Having heard petitioner's learned counsel, leave is granted to consider whether the principles for safe administration of justice have been adhered to while passing the impugned judgment. H.B.T./A-60/SC????????????????????? ??????????????????????????????????????????????????????????? Leave granted.