| Citation(s) |
|---|
| 1998 SLG 1182 1998 SLD 1182 1998 PLD 64 |
Lahore High Court
Writ Petition No. 1506 of 1997, decided on 14th July, 1997
MUMTAZ ALI MIRZA, J
Muhammad Fayyaz Ahmed Khawaja for Petitioner.
Writ Petition No. 1506 of 1997, decided on 14th July, 1997
MUMTAZ ALI MIRZA, J
Muhammad Fayyaz Ahmed Khawaja for Petitioner.
AKHLAQ AHMED
VS
SESSIONS JUDGE, RAWALPINDI and another
Law:
Section:
Penal Code (XLV of 1860) ----S. 302/324---Constitution of Pakistan (1973), Art.199---Constitutional petition---Interference in the trial pending in the Court of Additional Sessions Judge by the Sessions Judge on the move of Senior Superintendent of Police--Sessions Judge on the move of S.S.P. had directed the Additional Sessions Judge to dispose of the murder case pending in his Court against the accused petitioner on day to day basis in accordance with law---Said move had been made by the S.S.P. on the instructions of the Prime Minister to whom the accused had complained about the delay in the trial---No mala fides could be attributed to the Prime Minister or to other functionaries who had conveyed the desire of the Prime Minister to dispose of the murder case expeditiously in accordance with law---Grievance of the accused was that no such direction as had been given in the murder case had been issued in the case in which he was the victim of sodomy at the hands of the accused party and which was also pending in the same Court---Trial Court in view of the dictates of justice and fairness to both the parties was directed to proceed with the trial of both the cases as expeditiously as possible and dispose of the same in accordance with law--Constitutional petition was disposed of accordingly. ORDER The petitioner has brought this petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, seeking directions to the effect that the learned sessions Judge, Rawalpindi/respondent No.l has no judicial power to cause interference into a Session trial pending adjudication before the Court of the learned Additional Sessions Judge, especially on the move of Senior Superintendent of Police, Rawalpindi, which amounts to interference in the judicial functions of the learned trial Court, creating confusion and making under trial apprehensive that he may not get fair trial. 2. The facts forming the background of this petition are that the petitioner, Akhlaque Ahmad, was subjected to act of sodomy on 6-5-1994, for which case F.I.R. No. 120 was got registered on his behalf for an offence under section 377, P.P.C. read with section 12 of the Offence…
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