| Case ID |
0fc72143-28aa-4e85-a449-c52e19b72f1e |
| Body |
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| Case Number |
Writ Petition No. 7328 of 2008 |
| Decision Date |
Nov 12, 2009 |
| Hearing Date |
|
| Decision |
The Lahore High Court accepted the constitutional petition filed by Ch. Khalid Mushtaq, effectively setting aside the orders of the Anti-Terrorism Court that directed the Investigating Officer to submit a challan under section 365-A of the Pakistan Penal Code. The Court ruled that the Anti-Terrorism Court had exceeded its jurisdiction by issuing such directives, which are the sole responsibility of the Investigating Agency as per section 173 of the Criminal Procedure Code. Additionally, the Court noted that the trial court lacked the authority to direct the police on how to conduct investigations or submit reports. The decision emphasized maintaining the separation of powers and the proper jurisdictional boundaries of courts involved in criminal proceedings. |
| Summary |
This case revolves around the jurisdictional powers of the Anti-Terrorism Court in Pakistan concerning the submission of challans by the Investigating Officer. The Lahore High Court scrutinized the legality of the orders issued by the Anti-Terrorism Court, which directed the police to submit a challan under section 365-A of the Pakistan Penal Code. The Court highlighted that such a directive oversteps the bounds of judicial authority, which is reserved for the Investigating Agency. The ruling reinforces the importance of adhering to established legal protocols and the proper roles of different judicial entities in the criminal justice system. The decision further clarifies the restrictions placed on courts regarding the management of investigations and the submission of legal reports, ensuring that legal mandates are followed without judicial overreach. This outcome is significant for upholding the rule of law and protecting the rights of individuals within the legal framework, particularly in cases involving anti-terrorism legislation. Keywords such as 'jurisdiction,' 'Anti-Terrorism Court,' 'Pakistan Penal Code,' and 'investigation' are essential for understanding the implications of this ruling. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
KHAWAJA MUHAMMAD SHARIF, C.J.,
MANZOOR AHMAD MALIK, J
|
| Lawyers |
Ch. Muhammad Rafique Warraich,
Ch. Muhammad Hanif Khatana, Advocate-General, Punjab,
Kh. Suleman Mahmood, Assistant Advocate-General, Punjab,
Muhammad Waseem
|
| Petitioners |
Ch. KHALID MUSHTAQ
|
| Respondents |
8 others,
SPECIAL JUDGE (ADMN.)
|
| Citations |
2010 SLD 344 = 2010 PLD 114
|
| Other Citations |
Muhammad Azam v. Judge, Anti-Terrorism Court, Faisalabad and 6 others PLD 2008 Lah. 63,
Muhammad Yasir v. The State PLD 2008 Lah. 523,
Muhammad Nazir Cheema v. Mazhar Javaid and others PLD 2007 SC 31
|
| Laws Involved |
Pakistan Penal Code, 1860,
Criminal Procedure Code (V of 1898),
Anti Terrorism Act, 1997
|
| Sections |
365A,
173,
190,
19,
7(e),
19(3)
|