2011 SCMR 1485 (PLP)
RAB NAWAZ — Appellant Versus THE STATE — Respondent
| Citation | 2011 SCMR 1485 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Mahmood Akhtar Shahid Siddiqui and Asif Saeed Khan Khosa, JJ |
| Parties | RAB NAWAZ — Appellant Versus THE STATE — Respondent |
| Primary Law | Penal Code (XLV of 1860) |
Q1: What are the key laws and sections cited in 2011 SCMR 1485 (PLP)?
This judgment primarily cites: Penal Code (XLV of 1860) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2011 SCMR 1485 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Mahmood Akhtar Shahid Siddiqui and Asif Saeed Khan Khosa, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2011 SCMR 1485 (PLP) (RAB NAWAZ — Appellant Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sikandar Javed, Advocate Supreme Court and Mahmudul Islam, Advocate-on-Record for Appellant.
- Date of hearing: 21st June, 2011.
Headnotes / Summary
(On appeal from the judgment dated 6-10-2010 of the Lahore High Court, Lahore passed in Criminal Appeal No. 20 of 2005).
S. 228
Criminal Procedure Code (V of 1898), S. 22
Interrupting judicial proceedings
Ex-officio Justice of Peace
Accused was a police official and allegation against him was that he failed to carry out an order passed by Ex-officio Justice of Peace
Ex officio Justice of Peace convicted the accused and sentenced him for imprisonment for ten, days
Conviction and sentence awarded by Ex-officio Justice of Peace was maintained by High Court
Proceedings conducted. by Ex-officio Justice of Peace were not judicial proceedings, therefore, conviction and sentence recorded for an offence under S. 228, P.P.C. were illegal and unsustainable
Provisions of S.228, P.P.C. were attracted to an insult or interruption during some judicial proceedings and no such insult or interruption during any judicial proceeding had been alleged against accused
Only allegation against accused was that he had failed to carry out any order passed on an earlier occasion by Ex-officio Justice of Peace
Supreme Court set 'aside the conviction and sentence awarded to accused by the courts below and he was acquitted of the charge
Appeal was allowed. Khizer Hayat and others v. Inspector-General of Police (Punjab), Lahore and others PLD 2005 Lah. 470(FB) and Pir Abdul Qayyuni. Shah v. S.H.O. and 4 others 2005 PCr.LJ 357 rel. Mazhar Sher Awan and Asjad Javed Ghurral, Additional Prosecutor-General, Punjab for the State.
Judgment & Decree
ASIF SAEED KHAN KHOSA, J.
While serving as an Assistant Sub-Inspector of Police the appellant was convicted by the Additional Sessions Judge/Justice of the Peace, Sargodha on 18-12-2004 for an offence under section 228, P.P.C. and was sentenced to simple imprisonment for a period of 10 days and to pay a fine of Rs.1,000 or in default of payment thereof to undergo simple imprisonment for two days. The appellant preferred an appeal in that regard which was dismissed by the then Hon'ble Chief Justice of the Lahore High Court, Lahore on 6-10-2010. Hence, the present appeal by leave of this Court.
2. We have heard the learned counsel for the appellant and' the learned Additional Prosecutors-General, Punjab appearing for the State and have gone through the record of this case with their assistance.
3. The record of this case shows that the appellant had been proceeded against for violating/ disobeying an order passed by the Additional Sessions Judge, Sargodha which order had been passed by him in his capacity as an ex-officio Justice of the Peace. The provisions of section 228, P.P.C. are attracted to a case involving insult or interruption during a "judicial proceeding" and it has already been held by the Lahore High Court, Lahore in the cases of Khizer Hayat and others v. Inspector-General of Police (Punjab); Lahore and others (PLD 2005 Lahore 470(FB)) and Pir Abdul Qayyum Shah v. S.H.O. and 4 others (2005 PCr.LJ 357) that proceedings conducted by an ex-officio Justice of the Peace are not judicial proceedings. In view of this legal position the appellant's conviction and sentence recorded for an offence under section 228, P.P.C. are clearly illegal and unsustainable. Apart from that the provisions of section 228, P.P.C. are attracted to an insult or interruption during some judicial proceedings but in the case in hand no such insult or interruption during any judicial proceeding had been alleged against the appellant and the only allegation levelled against him was that he had failed to carry out an order passed on an earlier occasion by the Additional Sessions Judge, Sargodha.
4. For both the above mentioned reasons the delay in filing of this appeal is condoned, this appeal is allowed and the conviction and sentence of the appellant recorded and upheld by the learned courts below are set aside. M.H./R-7/SC Appeal allowed.