SALAMULLAH KHAN vs State Ss — 2026 PLD 242 KARACHI-HIGH-COURT-SINDH

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SALAMULLAH KHAN VS State Ss. 409, 419, 420, 468, 471, 109 & 34---Prevention of Electronic Crimes act (XL of 2016), Ss. 6, 8 & 10---National Database and Registration authority Ordinance (VIII of 2000), S. 30---Prevention of Corruption act (II of 1947), S. 5(2)---Foreigners act (XXXI of 1946), S. 14---Criminal breach of trust by public servant, cheating by personation, cheating and dishonestly inducing someone to deliver property, forgery for the purpose of cheating, use of forged document as genuine, abetment, common intention, cyber terrorism, cyber crimes, concealment or refusal to furnish information, misconduct, illegal entry into Pakistan---Joint trial of connected offences arising out of same transaction---accused was charged that being NaDRa incharge, he fraudulently approved 88 CNICs for non-nationals for unlawful gain and attested fake documents---Trial Court refused to accept charge sheet directing presentation before competent Court---Validity---Only one FIR is to be registered for offences committed in one transaction and investigation must cover all connected offences---Special Court (Central) under Pakistan Criminal Law (amendment) act, 1958 has exclusive jurisdiction to try scheduled corruption offences---Said act bars other Courts from trying such scheduled offences but does not prohibit the Special Judge from trying non-scheduled offences connected with the same transaction---Under S.235, Cr.P.C., joint trial of offences arising out of same transaction is permissible---Therefore, Special Judge may try offences under P.P.C., PECa, NaDRa Ordinance and other laws if they are transactionally connected with scheduled offences---Conversely, a Court constituted under PECa lacks jurisdiction to try corruption offences unless expressly empowered---Relevant statutes including PECa, NaDRa Ordinance, P.P.C. and PCa do not prohibit joint trial---Harmonious interpretation of substantive and procedural law supports consolidated trial to ensure judicial efficiency---Revision petition was allowed; impugned orders were set aside and matter was remanded to Trial Court for fresh decision after hearing Prosecutor and Investigating Officer.

SALAMULLAH KHAN vs State Ss — 2026 PLD 242 KARACHI-HIGH-COURT-SINDH

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