ISLAMABAD, March 14: The Supreme Court intervened in the Mukhtar Mai gang-rape case on Monday, staying orders of the Lahore High Court and the Federal Shariat Court and deciding to hold its own hearing.

Taking suo motu notice, Chief Justice Nazim Hussain Siddiqui summoned the record of the case from the high court and the FSC within a week.

Notices were issued to Punjab Advocate-General Aftab Iqbal and the complainant. Bailable arrest warrants were issued against 13 accused who had been acquitted.

The apex court will take up the case at a date to be decided later.

On Friday, the FSC suspended the order of the Lahore High Cour, Multan bench, of acquitting five convicts by declaring the high court’s judgment without jurisdiction.

The Federal Shariat Court held that appeals against

the trial court’s judgment

should be considered pending before it.

The LHC bench on March 3 overturned the conviction of five men sentenced to death in 2002 for raping the woman on the orders of a tribal council for her brother’s alleged affair with a woman of a rival clan. It commuted to life imprisonment the death penalty of the sixth convict.

In a two-page order, the chief justice held that the suspension of the high court’s order by the FSC was a course not visualized by the constitution and the law.

“Clearly, judgment of the high court can be challenged before this court (Supreme Court) under Article 185 of the constitution and therefore proceedings initiated by the FSC, prima facie, are coram non-judice,” the order said.

It recalled that the FSC had held in the Syed Maskin Shah versus the state case in 1991 that it did not have revisional jurisdiction under Article 203-DD of the constitution in respect of an order passed by a high court. The view was approved by the Supreme Court in the state versus Iqbal Bibi case in 1993, it said.

Opinion

Editorial

Last call
Updated 15 Nov, 2024

Last call

PTI should hardly be turning its "final" protest into a "do or die" occasion.
Mini budget talk
15 Nov, 2024

Mini budget talk

NO matter how much Pakistan’s finance managers try to downplay the prospect of a ‘mini budget’ to pull off a...
Diabetes challenge
15 Nov, 2024

Diabetes challenge

AMONGST the many public health challenges confronting Pakistan, diabetes arguably does not get the attention it...
China security ties
Updated 14 Nov, 2024

China security ties

If China's security concerns aren't addressed satisfactorily, it may affect bilateral ties. CT cooperation should be pursued instead of having foreign forces here.
Steep price
14 Nov, 2024

Steep price

THE Hindu Kush-Himalayan region is in big trouble. A new study unveiled at the ongoing COP29 reveals that if high...
A high-cost plan
14 Nov, 2024

A high-cost plan

THE government has approved an expensive plan for FBR in the hope of tackling its deep-seated inefficiencies. The...