Malik TARIQ AYUB vs Raja ARSHAD MEHMOOD Ss — 2022 MLD 2037 ISLAMABAD

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Malik TARIQ AYUB VS Raja ARSHAD MEHMOOD Ss. 7& 21-D---Criminal Procedure Code (V of 1898), Ss.435, 439, 497 third proviso & 561-A---Constitution of Pakistan, Arts. 199 & 203---Act of terrorism---Bail, cancellation of---Plea of statutory delay---Applicability---Supervisory role of High Court---Conversion of proceedings---Complainant sought cancellation of bail granted to accused by Anti-Terrorism Court on the plea of statutory delay in conclusion of trial---Validity---Ground of statutory delay in conclusion of trial was not available to accused charged with act of terrorism punishable with death or imprisonment for life---Provisions of Cr.P.C. had no application for purposes of consideration of bail of accused triable by Anti-Terrorism Court---For such purpose sole considerations were those provided under S.21-D of Anti-Terrorism Act, 1997---Where court or tribunal had requisite jurisdiction under any provision of law, merely because an application was filed by referring to an incorrect statutory provision was inconsequential and did not wrestle away jurisdiction of Court or legality of proceedings conducted by it---High Court was vested with jurisdiction to supervise Anti-Terrorism Court and exercise authority under Arts. 199 & 203 of the Constitution as well as under Ss.435 & 439 and 561-A, Cr.P.C.---Merely because a party filed an application or petition referred to an incorrect provision under which jurisdiction was not vested in High Court, did not place any cloud over legality of proceedings undertaken by the High Court---High Court converted Constitutional petition into application under Ss.435 & 439 of Cr.P.C.---High Court in exercise of revisional jurisdiction set aside order granting bail to accused by Anti-Terrorism Court---Revision was allowed accordingly.

Malik TARIQ AYUB vs Raja ARSHAD MEHMOOD Ss — 2022 MLD 2037 ISLAMABAD

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