| Citation(s) |
|---|
| 1966 SLG 5292 = 1966 SLD 5292 = 1966 PLD 562 |
West Pakistan Lahore
Criminal Revision No. 151 of 1966, decided on 4th March 1966.
Presented By: Shaukat Ali, J
Sidhwa for Petitioners Nos. 1, 2 and 4. Sajjad Raza Jafry for Petitioner No. 3. Nasirud Din, A.-G. and Sh. Ata Ullah Sajjad A. A.-G. for the State. Ghulam Mujaddid Mirza for Mrs. Rosemary Ilyas.
Criminal Revision No. 151 of 1966, decided on 4th March 1966.
Presented By: Shaukat Ali, J
Sidhwa for Petitioners Nos. 1, 2 and 4. Sajjad Raza Jafry for Petitioner No. 3. Nasirud Din, A.-G. and Sh. Ata Ullah Sajjad A. A.-G. for the State. Ghulam Mujaddid Mirza for Mrs. Rosemary Ilyas.
ABDUL RASHID CHAUDHURY AND OTHERS-Petitioners
VERSUS
THE STATE-Respondent
Law: Criminal Procedure Code (V of 1898)
Section: 352
Law: Legal Practitioners Act (XVIII of 1879)
Section: 8
Law: Legal Practitioners and Bar Councils Act, 1965
Section: 22(2)
(a) Criminal Procedure Code (V of 1898)------ -----S. 352-Magistrate debarring public in general from entering Court room without permission but making no specific mention that he intended to hold trial in camera-Order, though not proper, not bad. (b) Criminal Procedure Code (V of 1898)----- ----S. 352 read with Legal Practitioners Act (XVIII of 1879), S. 8 and Legal Practitioners and Bar Councils Act (III of 1965), S. 22(2)-Advocate-- Entitled as of right to appear, plead and act in any Court or tribunal provided he has been briefed in case-Order passed under S. 352, Cr. P. C. debarring public in general from witnessing proceeding in Court-Equally applicable to members of legal profession-- No legal practitioner, not engaged by parties to proceeding, can, in such case, demand as of right admission to Court merely to watch proceedings. Cora Lillian Mchperson v. Oran Leo Mcpherson 161 I C 260 held not applicable. The King v. Governor of Lewes Prison 1917 (2) K B 254 ; Scott and another v. Scott 1913 A C 417 ; Halsbury's Laws of England, Vol. IX, 1909 Edn., p. 9 and W. E. Gardner v. U. Kha A I R 1936 Rang. 471 ref. (c) Legal Practitioner------ ----Advocate- Officer of Court only when acting, appearing or pleading before Court. Date of hearing : 28th February 1966. JUDGMENT This is a revision petition under section 439 of the Code of Criminal Procedure directed against the order, dated the 25th of February 1966, of Sh. Rashid Ahmad, Magistrate, First Class Lahore, whereby Messrs Abdur Rashid, Z. H. Tahir, Faqir Syed Sajjad Hussain and Akbar Ali Shamshi, Advocates, Members of the District Bar Association, Lahore, were not permitted to witness the proceedings in case State v. Qaisar Mawaz and another under sections 366 and 376 of the Pakistan Penal Code pending in his Court. 2. Briefly, the facts of the case for the disposal of this petition are that Qaisar Mawaz and another are facing trial under sections 366 and 376 of the Pakistan Penal Code in the Court of Mr. Rashid Ahmad, Magistrate, Ist Class, Lahore. On the 2nd of February 1966, Mr. M. Anwar, learned Advocate…