Law:

Section:

(a) Anti-Terrorism Act (XXVII of 1997)---S. 19(10)---Penal Code (XLV of 1860), 302(b)---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted by Supreme Court to consider; whether in absence of proper service, accused could have been convicted in absentia; whether death penalty awarded to accused commensurated with the gravity of alleged offence as only proverbial Lalkara was attributed to him; whether principle of consistency was violated in case of accused who had been awarded death sentence whereas co-accused having assigned a similar role was acquitted; whether conviction could have been awarded on the basis of interested, partisan and contradictory evidence; and whether evidence which had come on record was appreciated in its true perspective, settled norms of justice and well-entrenched principles qua criminal administration of justice or otherwise. (b) Anti-Terrorism Act (XXVII of 1997)--- ----Ss.7, 10 (11-A) & 19(10)---Penal Code (XLV of 1860), S.302(b)---Constitution of Pakistan (1973), Arts.9 & 10(1)---Reappraisal of evidence---Trial in absentia---Natural justice, principles of---Conviction and sentence of death awarded by Trial Court to accused persons in trial in absentia was confirmed by High Court----Validity---Trial of accused persons in absentia, undertaken by Trial Court was violative of Arts.9 and 10(1) of the Constitution and S.10(11-A) of Anti-Terrorism Act, 1997, and could not be allowed to sustain---Accused persons were not afforded any opportunity of hearing and thus they were condemned unheard which was contrary to the principles of natural justice---Judgments, convictions and sentences rendered and awarded by both the courts below, in absence of accused persons, to their extent were not sustainable under the law same being violative of the Constitution and law, which had necessitated retrial of the case---Supreme Court set aside the conviction and sentence awarded to accused persons and remanded the case to Trial Court for decision afresh in accordance with law---Appeal was allowed. Mehram Ali and others v. Federation of Pakistan and others PLD 1998 SC 1445 distinguished. Zia Ullah Khan and others v.…

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