Law:

Section:

(a) Penal Code (XLV of 1860) S. 302 Provincially Administered Tribal Areas Criminal Law (Special Provisions) Regulation.(I of 1975), S. 9 Constitution of Pakistan, (1973), Art. 185(3) Sentence of accused by Tribunal Procedure Leave to appeal was granted to examine, inter alia, whether the accused had been convicted in a lawful manner. (b) Penal Code (XLV of 1860) S. 302 Provincially Administered Tribal Areas Criminal Law (Special Provisions) Regulation (I of 1975), Ss. 9 & 5 Proceedings before Tribunal constituted under S. 5 of the Provincially Administered Tribal Areas Criminal Law (Special Provisions) Regulation, 1975 Procedure Out of the four members of the Tribunal, two members found the accused innocent while remaining two members held him guilty relying on the statements of two witnesses recorded by the Police and Magistrate during the investigation in the absence of the accused and also on the secret inquiry made by said two members of the Tribunal from other sources Tribunal had not recorded the evidence of said two witnesses itself in the presence of the accused Accused was also not provided any opportunity to cross examine those witnesses at the stage of investigation or trial Held, Members of the Tribunal were not authorised under the law to make secret inquiries or base findings on the basis of information so collected ~ By relying on the statements of the witnesses which were neither record W by the Tribunal nor subjected" to cross--examination by the accuse to hold him guilty, the two members of the Tribunal, on the strength of hose opinion the accused had been convicted and sentenced to imprisonment, acted in an unlawful manner, rendering illegal not only the opinion given by them but also the conviction recorded by Deputy Commissioner on basis thereof by a majority of three fifth. (c) Penal Code (XLV of 1860) S. 302 Provincially Administered Tribal Areas Criminal Law (Special Provisions) Regulation (I of 1975), Preamble Constitution of Pakistan (1973), Arts. 25 & 185 Provincially Administered Tribal Areas Criminal Law (Special Provisions) Regulation, 1975 being violative of Art. 25 of the Constitution of Pakistan (1973), Tribunal…

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