Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: MUHAMMAD AMIR and another VS Respondent: THE STATE
Court Name: Supreme Court of Pakistan Judge(s): Abdul Hameed Dogar, Abdur Rehman Khan Title: MUHAMMAD AMIR and another vs THE STATE Case No.: Jail Petition No,25 of 2000 Date of Judgment:2001-01-16 Reported As: 2001 SCMR 883 Result: Leave granted
Judgment ORDER ' The learned counsel raised the following points for consideration:-- (i) The learned Special Court constituted under the Anti-Terrorism Act had no jurisdiction to try this case, as besides the lack of jurisdiction even the charge under the relevant section of Anti- Terrorism Act had not been framed. The appeal before the High. Court was also not competent on this count as well as the clear bar in the relevant law and the Constitution. (ii) The offence under section .11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, had not been made out against the petitioner because the record indicates that the abductee had neither been enticed, nor taken by deceitful means or force. Moreover, the eye-witnesses to the abduction were not produced to support the prosecution case on this point. (iii) The offence under section 10(4) of the Ordinance is also not proved as there was no cogent evidence to support this charge. ' Leave is granted to consider the above points in the light of the relevant law and the evidence on record.