Protection against retrospective punishment

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Protection against retrospective punishment

Unread postby Admin » Sun Jan 13, 2013 6:28 pm

Article: 12 Constitution of Islamic Republic of Pakistan
Protection against retrospective punishment

Protection against retrospective punishment.-
(1) No law shall authorize the punishment of a person-

(a) for an act or omission that was not punishable by law at the time of the act or omission; or
(b) for an offence by a penalty greater than, or of a kind different from, the penalty prescribed by law for that offence at the time the offence was committed.

(2) Nothing in clause (1) or in Article 270 shall apply to any law making acts of abrogation or subversion of a Constitution in force in Pakistan at any time since the twenty-third day of March, one thousand nine hundred and fifty-six, an offence.

some leading case law on Article 12 of Constitution of Pakistan

P L D 2001 KARACHI 283 HUSSAIN ABDULLAH SALUM versus THE STATE
P L D 2001 SC 7 ANWAR SAIFULLAH KHAN versus THE STATE AND 3 OTHERS
P L D 2006 KARACHI 221 CAPTAIN S.M. ASLAM versus THE STATE AND 2 OTHERS
P L D 2006 LAHORE 64 RANA ABDUL GHAFFAR versus ABDUL SHAKOOR AND 3 OTHERS
P L D 2007 PESHAWAR 179 JAN PERVEZ versus HAJI FAZAL HUSSAIN & ORS
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