2021 P Cr (PLP)
MUHAMMAD ALI WAZIR (MNA) and another — Petitioners Versus FEDERATION OF PAKISTAN through Secretary Ministry of Law and Justice
| Citation | 2021 P Cr (PLP) |
| Forum / Court | Peshawar |
| Bench Members | N/A |
| Parties | MUHAMMAD ALI WAZIR (MNA) and another — Petitioners Versus FEDERATION OF PAKISTAN through Secretary Ministry of Law and Justice |
| Primary Law | Anti-Terrorism Act (XXVII of 1997) |
Q1: What are the key laws and sections cited in 2021 P Cr (PLP)?
This judgment primarily cites: Anti-Terrorism Act (XXVII of 1997) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2021 P Cr (PLP)?
The case was heard and decided by the Peshawar bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2021 P Cr (PLP) (MUHAMMAD ALI WAZIR (MNA) and another — Petitioners Versus FEDERATION OF PAKISTAN through Secretary Ministry of Law and Justice). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Abdul Latif Afridi for Petitioners.
- Arshad Ahmad, additional Advocate General for the Provincial Government.
Headnotes / Summary
S. 15
Place of sitting of Anti-Terrorism Court
Scope
Petitioners assailed notifications whereby their trials were ordered to be held within jail premises
Government, under S. 15(2) of Anti-Terrorism Act, 1997, could direct that for the trial of a particular case, the court would sit at such place as it might specify but noticeable aspect of the case was that the impugned notifications were issued at a time when both the petitioners were detained at jail, they had been released on bail, therefore in the changed circumstances of the case, it would not make a sense to proceed with their trial within the jail premises
Constitutional petition was accepted and the impugned notifications were declared to be null and void.
Judgment & Decree
LAL JAN KHATTAK, J.
Petitioners through the petition in hand have prayed to this court for issuance of a writ declaring the Notifications dated 17.06.2019 and 02.07.2019 as illegal and unlawful whereunder trial in the cases registered against them vide FIRs bearing No.14 dated 26.05.2019 and No.16 dated 07.06.2019 of Police Station CTD Bannu has been ordered to be held within the premises of Central Jail Haripur.
2. Arguments heard and record gone through.
3. No doubt, the Government under section 15(2) of the Anti-Terrorism Act, 1997 (the Act) may direct that for the trial of a particular case the court shall sit at such place as it may specify but noticeable aspect of the case is that the impugned Notifications were issued at a time when both the petitioners were detained at Central Jail Haripur, however, now they have been released on bail, therefore, in the changed circumstances of the case, it would not make a sense to proceed with their trial within the jail premises.
4. Another reason for transfer of the petitioners' trial in the cases registered against them from Bannu to Haripur was for the purpose of providing protection and safety to the Presiding Officer, witnesses and prosecutors of the cases. Aforesaid reason did carry some weight in it but as by now both the petitioners are on bail and neither they nor complainant and injured of the cases nor the witnesses thereof hail from Haripur, therefore, it would be proper if the trial is oraered to be conducted by the court established under the Act at Peshawar instead of Bannu, to which learned counsel for the petitioners also agreed.
5. For what has been discussed above, this petition is accepted, the impugned Notifications are declared null and void and it is ordered that trial of the petitioners in both the cases be held at Peshawar before a court established under the Act, however, if for any reason as to safety of the witnesses, the Judge or for any other just cause it would not be possible to conduct the petitioners' trial at Peshawar, then in that eventuality, the respondents may approach the competent authority for shifting the venue of the trial to some other place instead of Peshawar. SA/266/P Petition accepted.