KHAWAR ABBAS SIKANDAR versus THE STATE THROUGH ADVOCATE-GENERAL, MIRPUR (AJ&K)
Sections 42 (2) and 42 of the Azad Jammu and Kashmir Supreme Court Rules, 1978, A XLIII, RR 1, 2 and 5 Criminal Procedure (V9 1898), Sections 561A and 382B (XLV of 1860), Section 302 (b) The duty of the convicted MD accused was absconding upon the completion of the applicant / trial for the appeal hearing and was sentenced to life imprisonment which he chose to abscond for a period of about three years. What was, the petition filed under section 6161 AA. The CRPC had dismissed the accused's plea in the Supreme Court for treating it as an appeal to dismiss the sentence, had not filed a review request and had a term of almost five years. Remained a mother till then and she filed an application. Under the provisions of the Azad Jammu and Kashmir Interim Constitution Act of 1974 and other relevant laws, the Supreme Court was granted jurisdiction with the exception of amending the Shariat order. Against appeal or revision orders, under Article 25 of the Islamic Penal Code Enforcement Act 1974, the powers of review were also subject to certain conditions, but neither the Constitution nor any other law had real jurisdiction over the powers of the Supreme Court. Given the option. The Constitution and the law of the Supreme Court received under Section 42A of the Jammu and Kashmir Interim Constitution Act, 1974, was the sub-organization and residence of the jurisdiction which was exercised by the Supreme Court, used in any case or before the court. Pending matters were pending. In this section, it can only be used to do full justice in any matter or matter pending before the Supreme Court, such as the repression of past and closed cases.
Related judgments — Supreme Court Azad Kashmir, 2012
