Law:

Section:

Anti-Terrorism Act (XXVII of 1997)-------Ss. 25 & 27---Conviction of Investigating Officers---Principles of natural justice---Show-cause notice was not issued to the accused persons regarding omissions/commission in investigation---Under S.27 of the Anti-Terrorism Act, 1997 delinquent Investigating Officers could be convicted but principles of natural justice required that no one should be punished without giving opportunity of being heard and defended---Conviction of accused violated principles of natural justice enshrined in maxim "audi alteram partem" i.e. no one should be condemned unheard---Appeal was accepted and accused were acquitted. Chief Commissioner Karachi and another v. Mrs. Dina Sohrab Katrak PLD 1959 SC 45 and Mst. Abeda Begum v. Government of Pakistan and others NLR 1985 Civil 167 rel. JUDGMENT SYED AFSAR SHAH, J.---This criminal appeal under section 25(3) of the Anti-Terrorism Act, 1997 is directed against the judgment dated 25-11-2013 rendered by learned Judge, Anti-Terrorism Court D.I. Khan, whereby the appellants were convicted under section 27 of the Act referred to ibid and sentenced to six months each (suspended) with a fine of Rs.50,000 each (suspended). 2. Relevant facts of this criminal appeal are that on 30-7-2013 a criminal case was registered with the local police of police station Cantt. D.I. Khan based on an information led by the Superintendent of Prison D.I. Khan consequent to infamous jail break incident. On completion of investigation in the case, final challan was submitted to the Court of learned Judge, Anti-Terrorism Court D.I. Khan for trial. On conclusion of the trial conducted in the trial Court, the learned Judge by extending the benefit of doubt acquitted the accused facing trial, while recorded conviction of the Investigating Officers of the case, the appellants, on the grounds that they have not been able to properly investigate the case and have also failed to discharge their duties as per law. 2(sic.) Learned counsel for the appellants contended that the impugned judgment vide which the appellants have been convicted and sentenced is against the facts and materials on record besides being against law on the…

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