Law: Suppression of Terrorist activities (Special Courts) Act, 1975

Section: 3 ,1 0

Suppression of Terrorist Activities (Special Courts) Act (XV of 1975)--- -- -S. 3(3) & 10 --- Criminal Procedure Code (V of 1R99), S352 --- Constitution of Pakistan (1973), Art. 199 --- Constitutional petition- Notification issued under S.3(3) of the Act by Government ordering petitioner's trial in Jail --- Validity-- Word "place" as used in S.3(3), Suppression of Terrorist Activities (Special Courts) Act, 1975 can also include its plural --- Trial If accused in jail can be ordered by Government under the provisions of S.3(3) of the Suppression of Terrorist Activities (Special Courts) Act, 1975 under exceptional circumstances -- Accused being tried by Special Court under the said Act were governed by the Act and by virtue-of S.10 thereof, provisions of the Act must prevail over the provisions of Criminal Procedure Code, 1898 --- Reasons for trying the accused in jail though had not been assigned in the Notification by the Government under S.3(3) but High Court taking judicial notice of the worst law and order ' situation in the city which was found to be exceptional circumstance declined to interfere with the order of trial of accused persons in jail by the Special Court --- High Court, however, observed that Government may consider that some of the relatives and friends of accused persons may be permitted to attend the trial inside the jail. So far as the provisions of section 3(3) of the Suppression of Terrorist Activities (Special Courts) Act, 1975 are concerned, on first impression, they authorise the Government to specify the place where a Special Court shall sit. Therefore, such place may be an open place or a place within the jail premises. According to section 352 of the Code of Criminal Procedure, trial of an accused is to be held in an open Court. An exception to the rule can be found only in the form of the proviso to the said section, according to which the Presiding Officer of the Court may order trial of a case in camera But in the present case the accused are to be tried by a Special Court constituted under Suppression of Terrorist Activities (Special Courts) Act. and they are, therefore, to be governed by the provisions of…