| Citation(s) |
|---|
| 2006 SLG 589 2006 SLD 589 2006 PLD 290 |
Lahore High Court
Writ Petition No. 7184 of 2002, decided on 21st February, 2006
ALI NAWAZ CHOWHAN AND M.A. SHAHID SIDDIQUI, JJ
Muhammad Asghar Rokhari for Petitioner. Khurshid Anwar Bhinder, A. A.G. for
Respondent
Writ Petition No. 7184 of 2002, decided on 21st February, 2006
ALI NAWAZ CHOWHAN AND M.A. SHAHID SIDDIQUI, JJ
Muhammad Asghar Rokhari for Petitioner. Khurshid Anwar Bhinder, A. A.G. for
Respondent
ATTA ULLAH
VS
GHULAM RASOOL and others
Law: Anti Terrorism Act, 1997
Section: 25,32
Law: Anti Terrorism (Amendment) Act, 2004
Section: 4A,4B
Law: Panchayat Raj Act, 1947
Section: 85(5)
Law: Criminal Procedure Code (V of 1898)
Section: 417(A),417(2A),439,423,426,427,426,429,4 39A
Criminal Procedure Code (V of 1898)-------Ss. 410, 417(2-A) & 439---Anti-Terrorism Act (XXVII of 1997), Ss.25 & 32---Constitution of Pakistan (1973), Art.199---Constitutional petition---Appellate, revisional and visitorial jurisdiction of High Court---Scope---High Court could hear appeals not only filed by the prosecutors, but also filed by victims, legal heirs and by private aggrieved persons--High Court having control and suaerintendence over the Courts below, it could also exercise visitorial jurisdiction in respect of matters which did not fall under ambit of appeals---High Court could exercise visitorial power and could exercise revisionaf jurisdiction in respect of Courts below in cases where appeal or leave to appeal, were not to be tiled---Petition for leave to appeal could be filed by an aggrieved person against an order of acquittal passed by Anti-Terrorism Court before High Court within the timeframe as prescribed and "aggrieved person" would include the victim, his. legal heirs or private complainant---High Court had the visitorial powers over Anti-Terrorist Courts and could entertain petitions in the nature of those as covered by S.439, Cr.P.C.---Law was so declared and constitutional petition was disposed of accordingly. Maharani Ali's case (1998 SCMR 1156 and Girdhar Lal and another v. State AIR 1952 Allahabad 787 ref. ORDER Through this constitutional petition the petitioner wishes to enter into the arena of appeal under section 25 of the Anti-Terrorism Act, 1997 as amended up to 1999, which otherwise provides a restrictive remedy. The said section reads as follow:--- "Appeal: (1) An appeal against the final judgment of an Anti-Terrorism Court shall lie to a High Court. (2) Copies of the judgment of an Anti-Terrorism Court shall be supplied to the accused and the Public Prosecutor free of cost on the day the judgment is pronounced and the record of the trial shall be transmitted to the High Court within three days of the decision. (3) An appeal under subsection (1) may be preferred by a person sentenced by an Anti-Terrorism Court to a High Court within seven days of passing of the sentence. (4) The Attorney General, Deputy Attorney…
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