Law: Anti Terrorism Act, 1997

Section: 15

Law: Criminal Procedure Code (V of 1898)

Section: 5(2),177,178,344

Law: Security of Pakistan Act, 1952

Section: 3

Law: Penal Code (XLV of 1860)

Section: 324/353/148/149

Law: West Pakistan Arms Ordinance, (XX of 1965)

Section: 13

Law: Constitution of Pakistan, 1973

Section: 199

Anti Terrorism Act (XXVII of 1997) -- S. 15 Criminal Procedure Code (V of 1898), Ss. 5(2), 177, 178 & 344 Security of Pakistan Act (XXX of 1952), S.3 Penal Code (XLV of 1860), Ss.324/353/148/149 West Pakistan Arms Ordinance (XX of 1965), S.13 Constitution of Pakistan (1973), Art. 199 Constitutional petition Holding of trial in jail premises Special Public Prosecutor filed application before Trial Court under S.377, Cr.P.C. praying that accused could not be directed to appear before the Court and that case be adjourned for three months as public appearance of accused could create a law and order situation Said application was turned down by Trial Court with observation that there was no provision in law which could empower Trial Court to keep under trial accused in judicial lock up for a period of three months Subsequently the Public Prosecutor moved another application in which Court was apprised of the fact that Home Department vide Notification had directed that trial of accused be held in jail premises and the Court could pass an appropriate order giving effect to the said direction Said application of Public Prosecutor was allowed by the Court Validity Accused were facing trial under Anti Terrorism Act, 1997 and S.15 of said Act had provided that Anti Terrorism Court would ordinarily sit at place including jail premises Criminal Procedure Code itself in its S.5(2) had created exception insofar as special laws were concerned Case or a class of cases might come, trial of which at ordinary place of sitting could be hazardous to public security In present difficult times there was a worldwide trend to enact Special Laws for trial of offences which had been declared to be scheduled offences under those laws Such laws had empowered the Government or the Court to specify the place of trial on account of nature of case or circumstances surrounding it and that could be necessary for the security of the Court, of the parties, their witnesses and for any other valid reasons which could weigh with the Competent Authority Order/direction of Home Secretary, though did not spell out reasons, but that was not a mandatory requirement under S.15 of Anti¬ Terrorism Act,…

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