Pakistan Case Law← Search
2014 SCMR 1334

D.-G. A.N.F. RAWALPINDI and others vs MUNAWAR HUSSAIN MANJ and others

Citation2014 SCMR 1334
CourtSupreme Court of Pakistan
Case No.Criminal Appeal No.112 of 2003 and Jail Petition No.170 of 2003
Date2014-02-20
Judge(s)Asif Saeed Khan Khosa, Gulzar Ahmed, Dost Muhammad Khan
ResultOrder accordingly

' ASIF SAEED KHAN KHOSA, J.---The captioned appeal and the jail petition had been heard by a Bench of three Hon'ble Judges of this Court on 11-11-2008 and through a short order passed on the same date the said appeal and the jail petition had been dismissed with slight modification that the convicts-petitioners were ordered to be extended the benefit under section 382-B, Cr.P.C. The said short order showed that a detailed judgment containing the reasons was to be followed but before such detailed judgment could be rendered all the three Hon'ble Judges mentioned above seized to hold their offices and that is why the office has fixed this appeal and the connected jail petition for rehearing before this Court today.

2. The law is quite settled by now that a short order passed by this Court has all the effects of a judgment of this Court if such short order has been signed by all or a majority of the Hon'ble Judges hearing the matter even if for some reason such order is not followed by a detailed judgment. A reference in this respect may be made to the cases of The State v. Asif Adil and others (1997 SCM R 209), Chief Justice of Pakistan lftikhar Muhammad Jhaudhry v. President of Pakistan through Secretary and others (PLD 2010 SC 61) and Dr. Agha Ijaz All Pathan v. The State (2010 SCM R 322). In the case in hand all the Hon'ble Judges hearing the above mentioned appeal and jail petition had signed the short order passed on 11-11-2008 and, thus, for all intents and purposes that has to be treated as a final disposition of the :aloye mentioned matters and absence of any detailed judgment does not require rehearing of the same. In these circumstances these matters are returned to the office.

Cited by 5 cases

For educational and research use only — not legal advice. Verify against the official report before relying on it. See our Disclaimer.
Disclaimer·Privacy·Terms·Search