Ch. Fawad Ahmed vs Federation of Pakistan through Secretary Ministry of Interior S

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Ch. Fawad Ahmed VS Federation of Pakistan through Secretary Ministry of Interior S. 10--- Criminal Procedure Code (V of 1898), S. 352--- Constitution of Pakistan, Arts. 10-A & 199--- Constitutional petition--- Contempt proceedings--- Fair trial--- Open Court--- Grievance of petitioner / accused was that proceedings in jail were not proceedings in open Court--- Validity--- Effect of S.352, Cr.P.C., was that the place in which Election Commission held trial of the offence of contempt was deemed to be an open Court to which public generally could have access to so far as the same could conveniently contain them--- Public trial was even otherwise arequirement of a fair trial pursuant to Art.10-A of the Constitution--- Power to punish contempt results in a conviction and a citizen can only be convicted through the exercise of judicial power and such power is to be exercised in accordance with Art.10-A of the Constitution--- Election Commission was bound to exercise its power to punish contempt under S.10 of Elections Act, 2017 and in accordance with Art.10-A of the Constitution--- Petitioner was entitled to a fair trial under Art.10-A of the Constitution, which entailed public hearing--- Orders in question deprived the petitioner of his Constitutional right to a fair trial by calling a jail trial of alleged contempt against him without cogent reason and without ensuring that jail trial was nevertheless an open trial and as such the proceedings were ultra vires the Constitution and illegal--- Orders in question were without lawful authority and superstructure built upon them must fall to the ground--- High Court set aside orders and notification in question as the same were without lawful authority--- Contempt proceedings / trial conducted in jail against petitioner did not constitute an open trial; it stood vitiated as it was in violation of Art.10-A of the Constitution--- Constitutional petition was allowed, in circumstances.

Ch. Fawad Ahmed vs Federation of Pakistan through Secretary Ministry of Interior S — 2026 PCrLJ 21 ISLAMABAD

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