ABDUL WASAY vs State Chapt — 2021 SCMR 1059 SUPREME-COURT

Case information

Citation: 2021 SCMR 1059 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2021
Reporter: SCMR
Parties: ABDUL WASAY vs State Chapt
Subject matter: Criminal
Provisions referred to: XVI---Criminal Procedure Code (V of 1898); Pakistan Penal Code

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

ABDUL WASAY VS State Chapt. XVI---Criminal Procedure Code (V of 1898), Preamble---Criminal Law (Second Amendment) Ordinance (VII of 1990), Preamble [since repealed]---Criminal Law (Second Amendment) Ordinance (I of 1991), Preamble [since repealed]---Criminal Law (Amendment) Ordinance (CXIII of 1996), Preamble [since repealed]---Criminal Law (Amendment) Act (II of 1997), Preamble---Provisions relating to Qisas and Diyat introduced in Pakistan Penal Code, 1860 (P.P.C.) and Code of Criminal Procedure, 1898 (Cr.P.C.), through different Ordinances (since repealed) and finally made permanent part of P.P.C. and Cr.P.C. vide Criminal Law (Amendment) Act, 1997----Supreme Court observed that after provisions of law relating to Qisas and Diyat were permanently made part and parcel of P.P.C. and Cr.P.C. vide Criminal Law (Amendment) Act, 1997, and accordingly Chapter XVI was permanently made part of P.P.C. applicable throughout the country, mentioning of such offences under any of the repealed Ordinances instead of P.P.C. or Cr.P.C. was not only unlawful but a grave misconception of law---Supreme Court directed all the concerned departments and the Courts to rectify such mistake and also be vigilant in this regard in future.

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