Law:

Section:

(a) Anti Terrorism Act (XXVII of 1997)---.--- ---.--- S. 16---.---Oath by Anti Terrorism Court---.---Presumption of truth is attached to all judicial proceedings conducted by a Judge, and even if the Judge has not taken oath, still it would not invalidate the proceedings ¬Judge ought to decide the cases strictly in accordance with law, as if he is answerable to his conscience and Almighty Allah. (b) Anti Terrorism Act (XXVII of 1997) ---.--- Ss. 16---.---Penal Code (XLV of 1860), 302(a) & 109---.---Oath by Anti¬-Terrorism Court---.---Order sheet was indicative of the fact that the Presiding Officer had taken the oath at the time of commencement of the trial and there was nothing to doubt about it---.---Objection that the Presiding Officer did not take oath on the Holy Qur'an as required under S.16 of the Anti Terrorism Act, 1997, which had vitiated the trial, was never raised throughout the proceedings, nor the same was incorporated even in the memo. of appeal---.---Record also did not show if any prejudice had been caused to the accused on that account-¬Objection was repelled accordingly. (c) Anti Terrorism Act (XXVII of 1997)---.--- ---.--- Ss. 19(10)---.---Penal Code (XLV of 1860), 302(a) & 109---.---Trial of and appeal by accused in absentia---.---Accused after publication in the newspapers could have surrendered at any stage of the proceedings, but they had deliberately avoided to appear in the Court---.---Accused could be tried in absentia, but there was no provision for filing appeal in absentia, is filed by the absconding convict appellants---.---Accused had sufficient knowledge about their conviction and they could have approached the Court and surrendered to the process of law, but they did not choose to do so and thus had lost right of hearing---.---Appeal filed by accused in absentia was not maintainable and the same was dismissed accordingly. Haq Nawaz v. The State 1999 PCr.LJ 1381 ref. (d) Criminal trial ---.--- Review---.---Review of judicial order---.---Appeal in absentia ---.---Pre¬requisite---.---Accused seeking any review of judicial order must surrender to the process of law and in case of abstaining to attend the proceedings he…

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