ORDER SHEET.
IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR.
Cr. B. A. No: 863/2009
1. For orders on M.A No: 2873/2009
2. For orders on M.A No: 2874/2009
3. For hearing
Mr. Ghulam Murtaza Korai for applicant.
Mr. Zulfiqar Ali Jatoi, DPG.
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At the very outset, the learned DPG
informed the Court that Section 21-D of ATA has been amended vide notification
No: 2 (1) 2009-Pub. dated
We asked the learned DPG as to whether this notification will apply retrospectively in respect of cases which were registered before the promulgation of this notification. In this connection, he relied on a Judgment of the Honourable Supreme Court in the case of Malik Gul Hassan and Co. versus Allied Bank of Pakistan reported in 1996 SCMR 237 wherein it was held that an amendment in the Banking Laws in respect of a pecuniary jurisdiction of the Court was held to be a procedural amendment which will apply to all pending proceedings.
We have, however, asked
the learned DPG to bring before us any Judgment where an amendment made in Criminal
Law which may be valid if Article 9 of Constitution of the Islamic Republic of
Pakistan has been given retrospective effect as it is the settled law that a
man cannot be inflicted a punishment which was not provided in law at the time
the offence was committed. The learned DPG seeks short time to satisfy the
Court on these queries. He also informed the Court that the same question is
brought up in other bail application bearing No: 666/2009 which is fixed for
hearing on
His request is reasonable and the office is directed to do the needful. The learned counsel for applicant is also directed to prepare himself on the point of maintainability and assist the Court on that point on the next date of hearing.
Judge
Judge
Rashid