Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: MALOOK HUSSAIN alias MALUKA and 2 others VS Respondent: MUHAMMAD NAWAZ and 2 others
Court Name: Lahore High Court Judge(s): Muhammad Amir Malik Title:MALOOK HUSSAIN alias MALUKA and 2 others vs MUHAMMAD NAWAZ and 2
others Case No.: Criminal Revision No,717 of 1992 Date of Judgment:1993-07-06 Reported As: 1993 P Cr. L J 1955 Result: Petition dismissed Judgment ORDER ' Malook Hussain alias Maluka etc. Petitioners were challaned and are facing trial for offences under section 324, P.P.C. Read with section 392 ibid and section 17 of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979. They moved an application under section 265-K, Cr.P.C. Which was declined by the learned Additional Sessions Judge vide the impugned order, dated 29- 9-1992. The same has been assailed in the present revision petition under sections 435, 439 read with section 561-A, Cr.P.C. 2. Learned counsel for the petitioners tried to enter upon the factual and other legal merits of the case but the learned counsel for the complainant has raised the preliminary objections regarding the competency of the petition and the jurisdiction of the High Court in the matter. 3. The petitioners have been challaned and are facing trial admittedly for an offence under the Offences Against Property (Enforcement of Hudood) Ordinance, 1979. Article 203-DD of the Constitution of the Islamic Republic of Pakistan, 1973 is very clear that where the correctness, legality or propriety of any finding, sentence or order recorded by any Criminal Court under any law relating to the enforcement of Hudood, the Federal Shariat Court would have the jurisdiction therein. This positive provision conferring jurisdiction on the Federal Shariat Court is supplemented by Article 203-G of the Constitution whereunder the jurisdiction of the Supreme Court and the High Courts has been specifically barred. 4. The upshot is that the preliminary objection is upheld and the petition is dismissed on the point of jurisdiction.