IMRAN AHMAD KHAN NIAZI vs FEDERATION OF PAKISTAN S — 2024 PLD 155 ISLAMABAD

Case information

Citation: 2024 PLD 155 ISLAMABAD
Court: Islamabad High Court
Year: 2024
Reporter: PLD
Parties: IMRAN AHMAD KHAN NIAZI vs FEDERATION OF PAKISTAN S
Subject matter: Criminal
Provisions referred to: S. 352

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

IMRAN AHMAD KHAN NIAZI VS FEDERATION OF PAKISTAN S. 352 (1)---High Court (Lahore) Rules and Orders, Vol. III, Chapter-1, Part-A, R. 3---Jail trial---Prejudice to accused---Right of hearing---Scope---Holding of a trial in jail is not illegal and entire trial cannot be questioned as vitiated provided the requirements of S.352, Cr.P.C. and R. 3 in Part-A of Chapter-1 in Vol-III of High Court (Lahore) Rules and Orders are strictly adhered to, i.e. the public has access to courtroom in jail, and trial is conducted in open view---Where such requirements are fulfilled, holding of trial within jail compound does not cause prejudice to accused---Exercise of discretion under S.352, Cr.P.C. and R. 3 in Part-A of Chapter-1 in Vol-III of High Court (Lahore) Rules and Orders must be equitable to both the accused and the prosecution---This cannot be achieved without hearing the parties whose right to an open trial and usual courtroom stand to be curtailed by exercise of such discretion.

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