1995 PLP 1526 (MLD)
ZAFAR IQBAL and another‑‑‑Appellants Versus THE STATE‑‑‑Respondent
| Citation | 1995 PLP 1526 (MLD) |
| Forum / Court | Lahore |
| Bench Members | Rashid Aziz Khan and Muhammad Amir Malik, JJ |
| Parties | ZAFAR IQBAL and another‑‑‑Appellants Versus THE STATE‑‑‑Respondent |
Q1: What are the key laws and sections cited in 1995 PLP 1526 (MLD)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1995 PLP 1526 (MLD)?
The case was heard and decided by the Lahore bench comprising: Rashid Aziz Khan and Muhammad Amir Malik, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1995 PLP 1526 (MLD) (ZAFAR IQBAL and another‑‑‑Appellants Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Q.M. Saleem for Appellant. J.V. Gardner for the State.
- Date of hearing: 21st February, 1994.
Headnotes / Summary
Penal Code (XLV of 1860)‑‑‑ ‑‑‑‑S.302/148/149‑‑‑Suppression of Terrorist Activities (Special Courts) Act (XV of 1975), S.5‑A(4)‑‑‑Trial in absentia‑‑‑Accused having been tried in absentia by Special Court, their trial stood vitiated‑‑‑Conviction and sentence of accused were consequently set aside with the direction of their fresh trial by Trial Court in their presence in accordance with law. Zia Ullah Khan and others v. Government of Punjab and others PLD 1989 Lah. 554 and Government of the Punjab through Secretary, Home Department v. Zia Ullah Khan and 2 others 1992 SCMR 602 rel.
Judgment & Decree
MUHAMMAD AMIR MALIK, J.‑‑‑Zafar Iqbal and Ehsan Ahmad appellants alongwith 7 others were tried for the offence under section 302/ 148/149, P.P.C. by Special Court (Suppression of Terrorist Activities), Gujranwala. Vide judgment, dated 6‑7‑1992 Wajid Hussain, Muhammad Akram, Imtiaz Ahmad and Abid Hussain accused, were acquitted on compromise under section 338‑E, P.P.C. read with section 345, Cr.P.C. Muhammad Younas co‑accused was acquitted on merits. The appellants were convicted alongwith Bahawal Sher accused. The appellants were sentenced to imprisonment for life and a fine of Rs.50,000 as compensation or in default thereof three years' R.I. They have appealed.
2. Learned counsel for the appellants has contended with reference to Zia Ullah Khan and others v. Government of Punjab and others PLD 1989 Lah. 554 and Government of The Punjab through Secretary, Home Department v. Zia Ullah Khan and 2 others 1992 SCMR 602 to canvass the point that the appellants having been tried in absentia, the trial was vitiated. Learned counsel for the State had no answer to the contention. 2‑A. Relying upon the reports the contention is accepted with the result that the appeal succeeds, the conviction and sentence of the appellants are hereby set aside. They would be tried afresh by the learned trial Court in accordance with law i.e. in, their presence. Till then or further orders from the learned trial Court they would be considered to be undertrial in jail. N.H.Q./Z‑144/L Retrial ordered.