Law:

Section:

(a) West Pakistan Arms Ordinance (XX of 1965)--- ----S. 13---Suppression of Terrorist Activities (Special Courts) Act (XV of 1975), S.5 & Sched: ---Criminal Procedure Code (V of 1898), S.497---Arm recovered from accused was neither an automatic nor even a semiautomatic weapon but was an ordinary rifle---Special Court had no jurisdiction to try the offence in circumstances---Trial having been held by a Court not competent to hold the same, there would be no bar on the accused's trial afresh by a Court of competent jurisdiction---Accused being in custody for 17 months and the offence alleged against him being punishable with 3 years, was admitted to bail on oral request of his counsel. (b) Criminal trial ---Duty of Court The Courts of law are not to sit entirely unconcerned during the proceedings, like an unthinking statute. Nor is a Court holding a criminal trial expected to act only as a dummy or as a mere referee in a technical bout leaving it to the contestants to do what they liked and not interfering unless the rules of the game were violated. Administration of justice is primarily and essentially an obligation cast on the Courts of law constituted for the purpose. The Investigating Agency, the counsel, the parties and the witnesses before such Courts are mere instruments provided by law to the Court for unearthing the truth and for reaching a correct and just decision. The Courts of law should not leave themselves to the mercy of the parties, the witnesses or the counsel but are required to actively participate in the proceedings to determine the truth. The powers conferred under section 540 of the Cr.P.C. and Article 161 of Qanun-e-Shahadat do not only empower the Courts to adopt such a course of action but in fact even oblige them to do the same. Ali Nawaz Gardezi's case PLD 1962 Lah. 558 ref (c) Criminal Procedure Code (V of 1898)-- ----S. 540---Qanun-e-Shahadat (10 of 1984), Art. 161---Criminal trial---Duty of Court. Ali Nawaz Gardezi's case PLD 1962 Lah. 558 ref (d) West Pakistan Arms Ordinance (XX of 1965)--- ----S. 13---Suppression of Terrorist Activities (Special Courts) Act (XX of 1975), S.5 & Sched.---Recovery of weapon---Question whether…

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