MUHAMMAD JAHANGIR versus THE STATE OF AJ&K THROUGH ADVOCATE-GENERAL
Sections 3, 5 and 32 of the Azad Jammu and Kashmir Interim Constitution Act (VII of 1974), sections 4 and 44, were charged with murder on the petition of the conviction and the trial court upheld it after the trial. Was sentenced. Through the complaining party, the Shariat court judge sentenced the convict to 25 years and the Supreme Court upheld the petitioner's counsel that under section 4 of the Azad Jammu and Kashmir Interim Authorization Act 1974, the law Does not allow punishment. At the time of the offense, a crime was committed under the law more than the fine, no limit was imposed under section 3 of the Azad Jammu and Kashmir Islamic Sanctions Act (Enforcement) Act, 1974. It can be a constitution of 14 years or even more than 25 years which is the supreme law of the Constitution, it has a lot of impact, all the laws suggesting the punishment / punishment of any crime, the Constitution Command Apex Court , While deciding an appeal against this decision. The Shariah court in which the applicant has been sentenced to 25 years imprisonment has observed that under section 5 of the Azad Jammu and Kashmir Constitutional Laws (Enforcement) Act 1974, the punishment for any offense is more than 14 years or more. May be over the year. Seeing that the Legislature has left it at the discretion of the court to impose fines in some form of imprisonment, all the constitutional laws, except the Azad Jammu and Kashmir Islamic Constitutional Laws (Enforcement) Act 1974, are clearly minimal and Provides maximum duration / limitation of the prison and the courts use their discretion to the maximum extent possible, keeping in view the fact of each case.
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