SAEEDULLAH vs LAL SHER Temporary statute — 2023 PLD 110 PESHAWAR-HIGH-COURT

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

SAEEDULLAH VS LAL SHER Temporary statute---Scope---Temporary nature of Ordinance means that it is unlikely to have any influence after it expires. Criminal Justice System---Juvenile offenders---Rights---Islamic Legal System stresses importance of treating juveniles differently in a justice system---Even while dealing with serious crimes, Islamic Justice System prefers administrative penalties for children of a certain age. Preamble---Anti-Terrorism Act (XXVII of 1997), Pre-amble---Special and general law---Scope---Special law encompasses various eventualities: individuals, objectives and domains of activity---Juvenile Justice System Act, 2018, caters to specific persons and Anti-Terrorism Act, 1997, addresses a particular subject---Either of the two laws cannot be characterized as general laws. Ss. 4(4) & 23---anti-Terrorism act (XXVII of 1997), Ss. 7 & 23---Penal Code (XLV of 1860), Ss. 324 & 337-a(i)---Khyber Pakhtunkhwa arms act (XXIII of 2013), S. 15---United Nations Convention on the Rights of the Child, art. 40 (2)(b)(iii)(iv)(vii)---Criminal Procedure Code (V of 1898), S. 439---attempt to commit Qatl-i-amd, Shajjah-i-khafifah, unlicensed firearm and terrorism---Trial of juvenile---Jurisdiction---accused was a juvenile and anti-Terrorism Court declined to transfer his case to Juvenile Court---Validity---Provisions of Juvenile Justice System act, 2018, take precedence in trial of juvenile accused of committing terrorist offences as it aligns with legislative intent expressed in Ss. 4(4) & 23 of Juvenile Justice System act, 2018---Three categories of offences- minor, major, and heinous are mentioned in Juvenile Justice System act, 2018, with the last one relevant to terrorism-related act---It is crucial to consider that certain safeguards; both substantive and procedural, available to minors can only be ensured through Juvenile Court platform---Such measures include confidentiality of proceedings, detention in observation homes, support from probation and social welfare officers to the investigating officer, and the social investigation report attached to report under S. 173, Cr.P.C.---Spectrum of rehabilitative penalties, such as probation, community service orders, detention in juvenile rehabilitation centers and prohibition of capital punishment, are only envisioned within the parameters of Juvenile Justice System act, 2018---absence of such safeguards can affect right of juvenile offenders to a fair trial---Pakistan has ratified United Nations Convention on the Rights of the Child---Trial of a child as per art. 40(2)(b)(iii) & (vii) of United Nations Convention on the Rights of the Child should be conducted in Juvenile Court, ensuring safeguards of their privacy---Proper procedural measures under art. 40(2)(b)(iv) of United Nations Convention on the Rights of the Child require ensuring the child effectively participates in trial---Rehabilitative approach to passing sentences has been emphasized in art. 40(1) of United Nations Convention on the Rights of the Child---Juvenile accused committing terrorism offence would be tried by Juvenile Court established and notified under Juvenile Justice System act, 2018---High Court transferred trial of juvenile accused to Juvenile Court---In light of S. 23 of anti-Terrorism act, 1997, the Juvenile Court would proceed with trial as if it had taken cognizance of the offence and resume from the stage it was transferred by anti-Terrorism Court---Revision was allowed accordingly.

SAEEDULLAH vs LAL SHER Temporary statute — 2023 PLD 110 PESHAWAR-HIGH-COURT

Case information

Judgment text as reported

Other judgments reported in 2023 PLD