P L D 1996 Supreme Court 836 (PLP)
MUHAMMAD ASHFAQUE CHIEF and others ‑‑‑ Petitioners Versus HOME SECRETARY, GOVERNMENT OF SINDH, KARACHI
| Citation | P L D 1996 Supreme Court 836 (PLP) |
| Forum / Court | |
| Bench Members | Ajmal Mian, Saleem Akhtar and Saiduzzaman Siddiqui, JJ |
| Parties | MUHAMMAD ASHFAQUE CHIEF and others ‑‑‑ Petitioners Versus HOME SECRETARY, GOVERNMENT OF SINDH, KARACHI |
Q1: What are the key laws and sections cited in P L D 1996 Supreme Court 836 (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 1996 Supreme Court 836 (PLP)?
The case was heard and decided by the bench comprising: Ajmal Mian, Saleem Akhtar and Saiduzzaman Siddiqui, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 1996 Supreme Court 836 (PLP) (MUHAMMAD ASHFAQUE CHIEF and others ‑‑‑ Petitioners Versus HOME SECRETARY, GOVERNMENT OF SINDH, KARACHI). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Sardar Muhammad Ishaque, Advocate Supreme Court for Petitioners.
- Nemo for Respondents.
- Date of hearing: 23rd July, 1996.
Headnotes / Summary
(On appeal against the judgment of the High Court of Sindh dated 2‑6‑1996 passed in Constitutional Petitions Nos. D‑ 1609 ‑to 1623 of 1993). Suppression of Terrorist Activities (Special Courts) Act (XV of 1975)‑‑‑ ‑‑‑‑ S. 3(3) ‑‑‑ Constitution of Pakistan (1973), Art. 185(5) ‑‑‑ Place of trial ‑‑‑ Leave to appeal was granted to consider whether place of trial could be fixed inside prison under relevant provisions of law and the Constitution; and whether High Court had correctly applied law laid down in Asif Ali Zardari's case PLD 1992 Kar. 437 and Mairaj Muhammad Khan v. The State PLD 1978 Kar.
308. Asif Ali Zardai v. Special Judge (Offences in Banks) and 10 others PLD 1992 Kar. 437 and Mairaj Muhammad Khan v. The State PLD 1978 Kar. 308 rel.
Judgment & Decree
SALEEM AKHTAR, J.‑‑ In all these petitions common question of law is involved.
2. The petitioners are being tried under the Suppression of Terrorist Activities (Special Courts), Act, 1975. They had challenged the notification issued by the Home Secretary, Government of Sindh, Karachi under subsection (3) of section 3 of the said Act notifying the sitting of Judge for the purpose of conducting trial inside Central Prison, Karachi. Their petitions were dismissed by the High Court by the impugned judgment.
3. Leave is granted in all the petitions to consider the questions whether in place of criminal trial could be fixed inside the prison under the relevant provisions of law and the Constitution and whether the impugned judgment has A correctly applied the law laid down in Asif Ali Zardari v. Special Judge (Offences in Banks) and 10 others (PLD 1992 Karachi 437) and Mairaj Muhammad Khan v. The State (PLD 1978 Karachi 308). A.A./M‑3268/S Leave granted