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

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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---Official Secrets Act (XIX of 1923), S. 13(1)---Law Reforms Ordinance (XII of 1972), S.3---Intra Court Appeal---Jail trial---Sanction of Government---Retrospective effect---Special Court, jurisdiction of---Accused was aggrieved of his jail trial and had also assailed appointment of Special Judge under Official Secrets Act, 1923---Validity---There was no judicial order available in file requiring proceedings and trial to be conducted in jail---Essential prerequisite of passing a judicial order requiring trial against accused to be conducted in jail was not fulfilled---Authorities submitted a proposal to Cabinet for sanctioning trial against accused to be conducted in jail, as under R. 3 in Part-A of Chapter-1 in Vol-III of High Court (Lahore) Rules and Orders, Trial Court was to obtain sanction of Government---Provision of R. 3 in Part-A of Chapter-1 in Vol-III of High Court (Lahore) Rules and Orders or any other law did not empower Government to issue such sanction with retrospective effect---It was a vested right of every accused for the trial against him to be conducted in open Court at a place designated for its usual sittings---Retrospective operation could not be given to executive orders so as to destroy vested rights of citizens---Division Bench of High Court declared ex-post facto sanction given by decision of Cabinet to proceedings and trial conducted in jail as unlawful---Intra Court appeal filed under S. 3(2) of Law Reforms Ordinance, 1972, against judgment passed in Constitutional petition was maintainable---Designation of Special Court (Anti-Terrorism-I), Islamabad, to try cases reported under Official Secrets Act, 1923, through notification No. F.No.40(64)/2023-A-VIII, dated 27-06-2023 was valid and lawful---There was no provision in Criminal Procedure Code, 1898 which could compel Trial Court to hold his Court in a usual Court Room---In exceptional circumstances and where it was conducive to justice, a trial could be conducted in jail in manner that could fulfill requirements of an open trial or trial in camera provided it was in accordance with procedure provided by law---Division Bench of High Court declared Notification No. F.No.8(93)/ 2021-A-IV,dated 29-08-2023 issued by authorities to be without lawful authority and of no legal effect for want of any order by appropriate Government and fulfillment of requirements provided in S. 352, Cr.P.C. as well as R. 3 in Part-A of Chapter-1 in Volume-III of High Court (Lahore) Rules and Orders---Division Bench of High Court further declared respective Notifications dated 12-09-2023; 25-09-2023; 03-10-2023 and 13-10-2023 issued by authorities to be without lawful authority and of no legal effect for want of fulfillment of requirements provided in S. 352, Cr.P.C., as well as R. 3 in Part-A of Chapter-1 in Volume-III of High Court (Lahore) Rules and Orders---Division Bench of High Court also declared that respective Notifications dated 13-11-2023, 12-11-2023 and 15-11-2023 issued by authorities on the basis of Cabinet's decision dated 15-11-2023 were of no legal consequence for not having been preceded by order of Trial Court in terms of S. 352, Cr.P.C., passed in judicial proceedings---Division Bench of High Court further declared by way of clarification that Notification No. F.No.40(68)/2023-A-VIII, dated 15-11-2023 issued by authorities on the basis of Cabinet's decision dated 15-11-2023, could not be given retrospective effect---Division Bench of High Court also declared that proceedings of trial against accused in jail premises were notan open trial and the same stood vitiated---Intra Court Appeal was allowed accordingly.

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

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