Dr. MOHAMMAD ASLAM KHAKI vs Khawaja KHALID FAROOQ KHAN S — 2023 SCMR 1208 SUPREME-COURT

Case information

Citation: 2023 SCMR 1208 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2023
Reporter: SCMR
Parties: Dr. MOHAMMAD ASLAM KHAKI vs Khawaja KHALID FAROOQ KHAN S
Subject matter: Criminal
Provisions referred to: S. 3; Law Reforms 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

Dr. MOHAMMAD ASLAM KHAKI VS Khawaja KHALID FAROOQ KHAN S. 3(2)--- Constitution of Pakistan, Arts. 185(3) & 199---Constitutional petition filed before the High Court dismissed by Single Judge of the High Court---Against such dismissal Petition for Leave to Appeal filed before the Supreme Court without exhausting the available remedy of filing an Intra Court Appeal ("ICA") under section 3(2) of the Law Reforms Ordinance, 1972 ("Ordinance") before the High Court---Maintainability---Appellate jurisdiction created by the Ordinance and through other laws does not take away the appellate jurisdiction of the Supreme Court conferred by the Constitution under its Article 185---However, since the Ordinance created an appellate forum, the Supreme Court will not ordinarily permit it to be bypassed, which does not mean that the appellate jurisdiction, which the Constitution vests in the Supreme Court, is made redundant---In appropriate cases the Supreme Court will not insist that an intra-court appeal provided under the Ordinance, be availed of first.

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