Law:

Section:

(a) Parliament and Provincial Assemblies (Disqualification for Membership) Order (17 of 1977)-----Arts. 2(a), 10 & 7---Constitution of Pakistan (1973), Art.248---Qanun-eShahadat (10 of 1984), Arts. 6 & 158---Reference---Misconduct---Defence--Evidence as to affairs of State---Claim of immunity---Defence need not be necessarily pleaded or argued---Court has to be alive to the interplay of Arts.2(a) & 10 of the Parliament and Provincial Assemblies (Disqualification for Membership) Order, 1977 in receiving evidence, in evaluating it and in recording its finding---Such a duty on the part of the Court necessarily required access to the material which was sought to be withheld from the Court in proceedings under . the Order---Court thus could not without examining the documents in the light of the requirements of the trial dispose of the question of privilege.. Such a defence need not be necessarily pleaded or argued. The Court has to be alive to .the interplay of these two provisions in.receiving evidence, in evaluating it and in recording its finding: Such a duty on the part of the Court necessarily required access to the material which was sought to be withheld from the Court in proceedings under this law. In view of these features of the trial it is not the letter of the law on privileges that helps Court in resolving a controversy nor is it the application of any other: law: It is the principle and the policy underlying the law. It is the demands on any judicial system of doing even-handed justice and making it equally appear so which alone can help the Court in resolving such a controversy. The Court could not without examining the documents in the light of the requirements of the trial dispose of the question of privilege. `A Treatise on the Anglo-American System of Evidence in Trials at Common Law' by John Henry Wigmore in Vol. V, p.194; Trial of Maharajah Nundocomar (20 How. St. Tr. 1057); Beatson v. Skene 5 H. & N. 838, 853; S.P. Gupta v. M. Tarkunde AIR 1982 SC 149 and Sankey v. Whitlam 21 ALR 505 quoted. (b) Constitution of Pakistan (1973)-- ----Art.248---Parliament and Provincial Assemblies (Disqualification for Membership) Order (17 of…

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