Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 302, 114, 109, 34 & 29---Anti-Terrorism Act (XXVII of 1997), Ss.6, 7, 21-H & 27-B---Criminal Procedure Code (V of 1898), Ss.265-C, 161, 164 & 173---Qanun-e-Shahadat (10 of 1984), Arts.2(b) & 164---Constitution of Pakistan, Arts.4 & 10-A---Qatl-i-amd, abetment, common intention, act of terrorism---Supply of copies of 'CDS' and 'USB' (Universal Serial Bus), application for---Dismissal of application by Trial Court---Validity---Video cassette, fell within the purview of 'document', for the reason that definition of document contained in S.29, P.P.C. and Art.2(b) of Qanun-e-Shahadat, 1984, left no doubt that video cassette fell within the purview of matter expressed or described upon any substance by means of letters, figures or marks---Trial Court, had found that in order to avoid manipulation or alteration, generally a manuscript of the recording, was supplied to accused; and decided that video and CD or USB, would be played and heard after recording of evidence of both the sides in the open court; where accused could note down things, and file objections; and the court could pass any appropriate order for deciding objection; or could consider those objections at the time of writing ---Much emphasis was made in the impugned order that CD and USB would be played/watched and heard in the open court after recording of evidence of both the sides---Validity---Trial Court tried a case in which capital punishment could be awarded, if the charge was proved---Incumbent upon the Trial Court to provide fair and reasonable opportunity of defence to accused, which was also a basic and foremost prerequisite of administration of criminal justice---To enjoy the protection of law and to be treated in accordance with law, was inalienable right of every citizen of Pakistan under Arts.4 & 10-A of the Constitution---Trial Court had refused to supply the copy of CD and USB, which was not only against the mandate and command of Arts.4 & 10-A of the Constitution but also in violation of norms of administration of justice---Findings of the Trial Court were perverse and misconstrued---Once the typed/written transcripts of…