Law:

Section:

Constitution of Pakistan (1973)---Art. 185(3)---Petition for leave to appeal---Witness---Petitioner being a practising Advocate was engaged to the case and he himself went to the office of S.P. (Crimes) to convey the direction of the Special Curt for producing the record in the bail matter fixed on the next date---Special Court on knowing about the said fact through the Investigating Officer found that the petitioner by such act had become a witness and, therefore, he was not competent to represent the accused---Constitutional petition tiled by the petitioner against the said order was dismissed by the High Court by means of the impugned order---Validity---Petitioner only having conveyed the order of Special Court to the police for production of the record, he by no stretch of imagination, could be held to have become a witness in the case--­Impugned order being against the facts as well as law could not be sustained and the same was set aside by converting the petition for leave to appeal into appeal. JUDGMENT RASHID AZIZ KHAN, J.---Facts in brief leading to the tiling of this petition for leave to appeal are that petitioner is a practising Advocate. He was engaged in a case emanating out of F.I.R. No.842, dated 18-11-2000, under sections 365, 364, 324, 452, 148, 149/302, P.P.C. registered at Police Station Phool Nagar, District Kasur. Petitioner in his capacity as an advocate applied for bail of one of the convicts before Judge, Special Court (Anti--Terrorism) No.2, Lahore, on which notice to the State as well as direction to the Police to produce the record of the case was issued On the next date of hearing, record was not made available by the Police Case w as adjourned.…

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