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OXFORD UNIVERSITY PRESS, PESHAWAR vs INAYAT-UR-REHMAN S — 2021 SCMR 321 SUPREME-COURT

Case information

Citation
2021 SCMR 321 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2021
Reporter
SCMR
Parties
OXFORD UNIVERSITY PRESS, PESHAWAR vs INAYAT-UR-REHMAN S
Subject matter
Criminal
Provisions referred to
S. 3; S. 561-; Copyright Ordinance (XXXIV of 1962); Federal Investigation Agency Act; Copyright Ordinance

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

OXFORD UNIVERSITY PRESS, PESHAWAR VS INAYAT-UR-REHMAN S. 3 & Sched. Entry No. 26---Copyright Ordinance (XXXIV of 1962), Ss. 66, 66-A & 67---Infringement of copyrights of a book publisher--- Federal Investigation Agency (FIA), jurisdiction of---Scope---According to S. 3 of the Federal Investigation Agency Act, 1974 ('the 1974 Act') the Federal Investigation Agency (FIA) had the competence and jurisdiction to inquire into and investigate all the offences specified in the Schedule to the Federal Investigation Agency Act, 1974 and according to Entry No. 26 of the Sched. to the said Act the Copyright Ordinance, 1962 was one such law---Offences under the Copyright Ordinance, 1962 could, therefore, be inquired into and investigated by the FIA ---Entry No. 26 in the Sched. to the Federal Investigation Agency Act, 1974 was inserted through S.R.O. No. 321(I)/2005 on 16-04-2005---Said Schedule and the S.R.O. were still a valid part of the law---Appeal was allowed. Citation Name: 2021 SCMR 321 SUPREME-COURTBookmark this Case OXFORD UNIVERSITY PRESS, PESHAWAR VS INAYAT-UR-REHMAN S. 561-a---Federal Investigation agency act, 1974 (VIII of 1975), S. 3 & Sched.---Inherent powers of the High Court under S. 561-a, Cr.P.C.---Scope---Schedule to the Federal Investigation agency act, 1974 ('the 1974 act') or the S.R.O. through which an Entry was inserted in the Schedule to the 1974 act could not be struck down by the High Court while exercising jurisdiction under S. 561-a, Cr.P.C. which jurisdiction was restricted only to matters of a court below in the hierarchy---High Court could not interfere with the legislation pertaining to the Federal Investigation agency through exercise of its criminal jurisdiction--- If an aggrieved party (respondent) wanted to challenge the 1974 act and the Schedule appended thereto, it could do so by way of a constitutional petition before the High Court on any constitutional and legal grounds---appeal was allowed.

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