Law:

Section:

(a) Anti-Terrorism Act (XXVII of 1997)-------Ss. 21-L & 19(12)---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to accused in respect of his conviction and sentence under S.21-L of the Anti-Terrorism Act, 1997, and to consider that could the Trial Court convict and sentence the accused under S.21-L of the Anti-Terrorism Act, 1997, without framing the charge, recording evidence and discussing the same; that could the Appellate Court non-suit the accused on his appeal on technical grounds without adverting to the above aspect of the matter and that could the Appellate Court without taking into account the pendency of the application of the accused, under S.19(12) of the said Act before the Trial Court, dismiss his appeal. (b) Anti-Terrorism Act (XXVII of 1997)--- ----Ss. 21-L & 10(11-A)---Constitution of Pakistan (1973), Arts.9 & 10(1)---Appraisal of procedure adopted by Trial Court---Accused after having been declared as an absconder had been tried in absentia by the Trial Court---No charge was framed against the accused under S.21-L of the Anti-Terrorism Act, 1997---No evidence was recorded to prove the ingredients of the said S.21-L---No point for determination concerning the said offence was framed---No discussion was made by the Trial Court in the with regard to any evidence available on record---Accused had been convicted and sentenced under S.21-L of the said Act in a cursory manner---Procedure adopted by Trial Court was illegal and not warranted by law---Even otherwise, trial of accused in absentia was violative of Arts.9 & 10(1) of the Constitution and S.10(11-A) of Anti-Terrorism Act, 1997---Accused was acquitted in circumstances. Gul Zaman Kazi v. State Criminal Appeal No.269 of 2003; Mst. Mubarak Salman v. State PLD 2006 Kar. 678; Noor Muhammad Khatti v. State 2005 PCr.LJ 1889 and Ikhlaq Ahmad v. State 2008 SCMR 951 ref. (c) Anti-Terrorism Act (XXVII of 1997)--- ----Ss. 10(11-A) & 19(10)---Constitution of Pakistan (1973), Arts 9 & 10(1)---Trial in absentia---Violation of fundamental rights and principles of natural justice---Trial of accused in absentia is violative of Arts.9 & 10(1) of the…

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