General (Retd.) PERVEZ MUSHARRAF vs FEDERATION OF PAKISTAN S — 2024 PLD 497 SUPREME-COURT

Case information

Citation: 2024 PLD 497 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2024
Reporter: PLD
Parties: General (Retd.) PERVEZ MUSHARRAF vs FEDERATION OF PAKISTAN S
Subject matter: Criminal
Provisions referred to: S. 12; S. 431---A; Criminal Procedure Code (V of 1898)

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

General (Retd.) PERVEZ MUSHARRAF VS FEDERATION OF PAKISTAN S. 12(3)---Criminal Procedure Code (V of 1898), S. 431---Appeal to the Supreme Court against final judgment of the Special Court---Legal heirs of convict neither responding to notices nor appearing before the Supreme Court---Effect---Abatement of appeal---Supreme Court, though not obliged to do so, but in the interest of justice, had also issued notices to the legal heirs of the appellant (convict) on all available addresses and which were provided, both within the country and abroad---Notices were also published in a leading English newspaper and a leading Urdu newspaper---However, none of the legal heirs had come forward and elected to contest present appeal--- Counsel for the deceased appellant stated that the legal heirs did not approach him, let alone engage him, and had also not responded to the notices/publications issued by the Supreme Court; that in his opinion the instant appeal abates in terms of section 431 of the Code of Criminal Procedure, 1898---In the given circumstances, and as none of the legal heirs had come forward, the present appeal was dismissed as having abated---Consequently, the conviction of the appellant by the Special Court subsisted.

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