Law: Penal Code (XLV of 1860)

Section: 365-A

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

Section: 4

Law: Constitution of Pakistan, 1973

Section: 89,185(3)

Penal Code (XLV of 1860)   S. 365 A Suppression of Terrorist Activities (Special Courts) Act (XV of 1975), S. 4 Constitution of Pakistan (1973), Arts. 89 185(3) Petition for leave to appeal Contention was that amending Ordinances of 1990 and XI of 1990 amending the Schedule of Suppression of Terrorist Activities (Special Courts) Act, 1975 to include S. 365 A, P.P.C. had lapsed and at the time of submission of challan S.365 A, P.P.C. having ceased to be a scheduled offence, Special Court had no jurisdiction to try the case and that an Ordinance having lapsed could not be re promulgated Held, High Court had rightly rejected the said contention relying on the verdict of Supreme Court in case ‘Muhammad Naeem v. The State’ (1992 SCMR 1617) holding that retrospective effect could be given to the re introduced Ordinance from an earlier date, which was still holding the field and was binding on all the Courts in Pakistan Section 365 A, P.P.C. being a part of the Schedule on the date of passing the conviction and sentence on the accused, was therefore, exclusively triable by the Special Court Leave to appeal was refused in circumstances. Akhtar Hussain v. The State 1993 SCMR 1522; Liaqat Pervaiz Khan v. Government of the Punjab PLD 1992 Lah. 517 and Muhammad Naeem v. The State 1992 SCMR 1617 ref. JUDGMENT WALI MUHAMMAD KHAN, J.Javed Nawaz, petitioner herein, calls in question the judgment dated 30 10 1993 whereby a learned Division Bench of the Lahore High Court rejected the preliminary objections raised by tire petitioner. We have heard Raja Muhammad Anwar, Advocate, for the petitioner; Raja Muhammad Akram, Advocate, for the respondent/State; and have perused the record of the case. The undisputed facts of the case are that the petitioner alongwith his co accused were tried by the Special Court constituted under the Suppression of Terrorist Activities Act, 1975 for allegedly abducting Shaikh Muhammad Aftab on 22 4 1990 is case F.I.R. No. 192 dated 22 4 1990 Police Station Gulberg, Lahore, convicted under section 365 A, P.P.C. and sentenced to life imprisonment and forfeiture of property in favour of State. An appeal bearing No. 861 of 1990 was filed before…

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