Law:

Section:

Criminal Procedure Code (V of 1898)-------S. 9(2)---Islamabad Capital Territory (Administration) Order (18 of 1980), Art.2---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Jail trial-order of---Jurisdiction of Chief Commissioner/Administrator of Islamabad---Accused was a political leader and was arrested under Ss.124-A, 131, 468, 469,471, 500, 500-A and 109, P.P.C.----On the appearance of the accused in the Trial Court, law and order situation had been created by unruly supporters of the accused---Chief Commissioner/Administrator of Islamabad directed trial of the accused in jail and the order of the authorities was supplemented by Trial Court---Plea raised by the accused was that Chief Commissioner could not direct trial of the accused in jail as the jurisdiction under S.9(2), Cr.P.C. could only be exercised by Provincial Government ---Validity--­Chief Commissioner/Administrator of Islamabad was empowered under. Art.2 of Islamabad Capital Territory (Administration) Order, 1980, to exercise all the powers and duties conferred or imposed on Provincial Government under any law for the time being in force in Islamabad Capital Territory--Chief Commissioner/Administrator of Islamabad was a Provincial Government and under S.9(2), Cr.P.C. was empowered to direct holding of trial of a case in jail premises---District Magistrate, Home Department or Home Secretary for reasons of security or law and order situation or for any other valid reasons, might conduct the inquiry and place the matter before Trial Court which alone was competent to determine as to whether the trial should be held in: open Court or in jail premises and the Provincial Government in suitable cases could pass an order for trial of a case at a particular place if the reasons were bona fide---Order of Chief Commissioner/Administrator of Islamabad directing jail trial was supplemented by the order of Trial Court itself---Trial Court disapproved the situation and was of the opinion that normal trial in Court-room would not be conducive to open trial and could not be held in a peaceful atmosphere---Petition was dismissed in circumstances. Shaikh Hafeez Ahmad v. The State through…

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