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TARIQ KHAN vs State Ss — 2022 PCrLJ 558 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 PCrLJ 558 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Reporter
PCRLJ
Parties
TARIQ KHAN vs State Ss
Subject matter
Criminal
Provisions referred to
S. 23; S. 423---Q; Criminal Procedure Code (V of 1898)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

TARIQ KHAN VS State Ss. 322, 324, 353, 400 & 171---Sindh arms act (V of 2013) S. 23(1)--- anti-Terrorism act (XXVII of 1997), Ss. 17, 19, 21-M & 23---Constitution of Pakistan, art. 10-a---Criminal Procedure Code (V of 1898), S. 423---Qatl-bis-Sabab, attempt to Qatl-i-amd, assault to deter public servant, belonging to gang of dacoits, wearing garb or carrying token used by public servant with fraudulent intent and recovery of illegal arms---Fair trial and due process of law---Trial of other offences---anti-Terrorism Court---Jurisdiction---appellate Court, jurisdiction of---accused assailed his conviction and sentence awarded to him by anti-Terrorism Court on the plea that without deciding his application for transfer of trial to Court of ordinary jurisdiction, anti-Terrorism Court decided the matter when no offence under anti-Terrorism act, 1997, was established on record---Validity---When charge conveyed to accused what he had to defend himself and evidence was recorded in accordance with law as it would have been before an ordinary Court, accused was not prejudiced at trial---accused was guaranteed his full due process rights as laid down under art. 10-a of the Constitution---No legal justification was available for remanding the case back for de novo trial which if taken as a precedent would only leave the accused in jail longer---Completely clogged up work of Trial Courts delay in trials would not be in the interest of justice---High Court decided to hear and decide the appeal even if prima facie jurisdiction of anti-Terrorism Court to hear such case was doubtful---High Court directed the office to fix appeals for regular hearing---Objection to jurisdiction of anti-Terrorism Court was decided accordingly.

Other judgments reported in 2022 PCRLJ

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