Law:

Section:

(a) Penal Code (XLV of 1860)-------S. 302---Special Courts for Speedy Trials Act (XV of 1987), S.5(3)--­Constitution of Pakistan (1973), Art:185(3)---Leave to appeal was granted to consider the effect of the facts viz. transfer of the case from Court of Session to the Special Court for Speedy Trials when the case was already fixed for arguments before the Sessions Court; Court recording conviction had examined none of the witnesses had no. occasion to see their demeanour and could not have evaluated their credibility properly; after admitting in statement of accused, the Court rejected them as inadmissible without itself calling the doctor to prove same and the defence version required better consideration in juxtaposition. (b) Special Courts for Speedy Trials Act (XV of 1987)--- ----S.15(3)---Provision of S.15(3), Special Courts for Speedy Trials Act, 1987 saves the appointment made under the Special Courts for Speedy Trials Ordinance, 1987 and by fiction of law such appointment was to be deemed to be an appointment under Special Courts for Speedy Trials Act, 1987. Ahmad Nawaz v. The State PLD 1994 SC 358 ref. (c) Special Courts for Speedy Trials Act (XV of 1987)--- ----Preamble & S.5(2)---Object of the Act- --Nature of the offence within the parameters provided by the Act determines that it is to be tried by the Special Court- --Government under S.5(2) of the Act can transfer a pending, case before any Court in public interest to the Special Court. From the preamble of the Act, it seems that Special Court for Speedy Trials is to be established in the public interest in respect of offences specified in the Schedule. The offence has been defined as those specified in Schedule which in the opinion of the Government is gruesome, brutal and sensational in character, shocking to public morality or has led to public outrage or created panic or an atmosphere of fear or anxiety amongst the public or a section thereof. Therefore, it is the nature of the offence within the parameters provided by the Act which determines that it is to be tried by the Special Judge. Under section 5(2) of the Act relating to an offence the Government is empowered to transfer a pending…

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