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Petitioner: AMANULLAH VS Respondent: THE STATE
Court Name: Sindh High Court Judge(s): Zahid Kurban Alavi Title: AMANULLAH vs THE STATE Case No.: Crl. Rev. Appin. No,S-13 of 2001 Date of Judgment:2001-04-23 Reported As: 2005 P C R L J 12 Result: Order accordingly
Judgment ORDER ' Office has raised an objection that the Federal Shariat Court has revisional jurisdiction in respect of cases decided by any criminal Court in connection with law relating to Enforcement of Hudood, in the case of Sakhi Dost Jan v. Pakistan Narcotic Control Board 1998 SCM R 1798. The Honourable Supreme Court decided to resolve the matter pertaining to the interpretation of phrase "any case decided by any Criminal Court under any law relating to Enforcement of Hudood" as used under Article 203-DD of the Constitution. The Honourable Supreme Court, after going through the entire case, has come to the conclusion that the proper remedy available to the appellant was to approach the Federal Shariat Court. ' Learned counsel for the applicant has, however, urged further that stricto senso this matter was not pertaining to a case decided under Hudood Laws. The revision has been filed against an order passed by the 5th Additional Sessions Judge, Shikarpur where the surety Amanullah son of Suleman had been imposed penalty of Rs,25,000 since he had stood surety for the accused Ghulam Rasool son of Noor Muhammad. The surety was in the sum of Rs,25,000 and he had undertaken to produce accused before the Court on each and every date. However, the accused jumped the bail whereafter his bail bond was forfeited and N.B.Ws. Were issued. ' Keeping above facts in mind plus the prayer in revision i,e, that the imposition of Rs,25, 000 was Arsh, I set aside the office objection and issue notice so that this matter can be disposed of on merits.