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Search Results: Categories: 352 CrPC (1 found)

Imran Ahmed Khan Niazi VS Federation of Pakistan and others

Citation: Pending

Case No: Intra Court Appeal-367-2023

Judgment Date: 21/11/2023

Jurisdiction: Islamabad High Court

Judge: Justice Miangul Hassan Aurangzeb

Summary: (a) Constitution of Pakistan, 1973 – Article 10-A ----Right to a fair trial---Open trial requirement---Scope---The conduct of a trial in jail without adherence to procedural requirements violated the fundamental right to a fair trial under Article 10-A. It was held that trials must be conducted transparently, and public access should be ensured unless extraordinary circumstances justify deviation. (b) Criminal Procedure Code, 1898 – Section 352 ----Court’s discretion to exclude public or hold trial in jail---Judicial order requirement---Scope---Section 352 Cr.P.C. requires a judicial order by the presiding officer supported by justifiable reasons to exclude the public or shift the trial venue to jail premises. Absence of such an order renders the trial procedurally defective and prejudicial to the accused. (c) Lahore High Court Rules – Rule 3 ----Trial in jail---Government sanction---Scope---Under Rule 3, prior sanction of the Government, granted through the District Magistrate, is mandatory for conducting a trial in jail. Executive orders issued without fulfilling this requirement were declared unlawful. (d) Retrospective Sanction by Executive Authorities ----Legality---Executive orders granting retrospective sanction for prior actions in violation of procedural requirements are invalid, as they infringe upon the vested rights of the accused. Retrospective approval cannot regularize procedural defects in a trial. (e) Constitutional Jurisdiction – Article 199 ----Judicial review of executive decisions---Scope---High Court has jurisdiction to review decisions of executive authorities, including Cabinet decisions, for procedural impropriety, illegality, or irrationality. Executive decisions affecting fundamental rights must be based on transparent, informed, and well-reasoned processes. Disposition Notifications issued by the Ministry of Law and Justice to conduct the trial in jail without prior judicial orders and requisite Government sanction were declared unlawful and of no legal effect. Proceedings conducted in jail without adhering to the requirements of Section 352 Cr.P.C. and Rule 3 of the Lahore High Court Rules were vitiated. Retrospective approval granted through notifications dated 13.11.2023 and 15.11.2023 was declared invalid. The appeal was allowed, and the trial proceedings were directed to be conducted afresh, ensuring compliance with the principles of open and fair trial.

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