Law: Criminal Law Amendment (Special Court) Act, 1976

Section: 4(1),5(3)(a),5(3)(b),6,6(f),9,11(1),12

Law: Constitution of Pakistan, 1973

Section: 10A,199

Law: High Treason (Punishment) Act, 1973

Section: 2,3

(a) Criminal Law Amendment (Special Court) Act (XVII of 1976)--- ----Ss. 5(3)(a), 5(3)(b), 6(f), 9 & 11(1)---High Treason (Punishment) Act (LXVIII of 1973), Ss. 2 & 3---Constitution of Pakistan, Arts. 6 & 10A---High treason---Fair trial---Scope---Proceedings before the Special Court---Pronouncement of by Special Court in absence of prosecutor notified by the Federal Government---Legality---Allegations against the accused were that he in his capacity as the Chief of Army Staff and Chief Executive of the country issued Proclamation of Emergency Order, 2007 and illegally detained the Chief Justice of the Supreme Court and Judges of the superior judiciary and forced them to resign---Proceedings were initiated against the accused in a Special Court, constituted by the Federal Government, for the offence of high treason relating to actions targeting the judiciary---Subsequently the accused left the country and remained an absconder---When the Special Court set a date for announcement of , the prosecution pleaded that the Court should not pronounce as the main prosecutor had resigned and other members of the prosecution team were de-notified, and that the Federal Government required time to notify new prosecutor(s)---Special Court rejected such plea of prosecution and fixed the date for announcement of ---Held, that the accused was not the only party to the trial before the Special Court, as the Federal Government was an equally important stakeholder---Trial in question was unique and exceptional in nature, thus, it placed a heavy burden on the court to assure that each party was dealt with in a fair manner, having regard to the cardinal principles of due process and the right to a fair trial---In the peculiar facts and circumstances of the present trial, it was the onerous duty of the court to ensure that none of the interested parties to the trial complained that the proceedings were otherwise than fair---Right to a fair and proper trial was equally important for the prosecution---In a trial relating to the constitutional offence of high treason it was an even more onerous task to demonstrably assure an accused of fairness because at the end the latter could be…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492