Citation Name : 2000 SCMR 735 SUPREME-COURT
Side Appellant : WAQAR HUSSAIN
Side Opponent : STATE
S.5(2)—Penal Code (XLV of
1860), S .161/223/219/109/120-B–Criminal Procedure Code (V of 1898), S.
439—Constitution of Pakistan (1973), Art. 185(3)—Suo motu notice issued
to accused by High Court for cancellation of bail-–Law had
conferred Suo motu powers of revision on High Court to ensure that the
Court s subordinate to it had acted strictly within the legal bounds
without transgressing their jurisdiction and the findings, sentence or
orders recorded or passed by them were just and legal, but nevertheless
in order to avoid any impression of arbitrariness in the exercise of
such power, the order of initiating Suo motu proceedings by the High
Court should have mentioned the ostensible error or irregularity in the
orders or proceedings of the subordinate Court s in order to enable the
parties to know the reasons for such an action-
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