| Case ID |
2a276480-b058-4ec7-84b9-4781ab2d7bce |
| Body |
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| Case Number |
Writ Petition No.3432 of 2003 |
| Decision Date |
Feb 13, 2004 |
| Hearing Date |
Feb 13, 2004 |
| Decision |
The Lahore High Court dismissed the writ petition challenging the order of the Chief Commissioner, Islamabad, which directed that the trial of the case against Makhdoom Muhammad Javed Hashmi be held in Central Jail Adiala Rawalpindi. The court found that the Chief Commissioner was empowered to make such a direction under the Islamabad Capital Territory (Administration) Order, 1980, and that the law and order situation warranted holding the trial in jail rather than in open court. The court noted the potential for unrest and disruption during the trial proceedings due to the accused's political affiliations and the subsequent unruly behavior of his supporters. The court upheld the rationale provided by the Chief Commissioner, emphasizing the importance of security and a conducive environment for a fair trial. |
| Summary |
The case revolves around the constitutional petition filed by Makhdoom Muhammad Javed Hashmi against the order passed by the Chief Commissioner of Islamabad, directing that his trial be conducted in Central Jail Adiala Rawalpindi. The petitioner, a political leader and member of the National Assembly, argued that the Chief Commissioner lacked the jurisdiction to order a jail trial under Section 9(2) of the Criminal Procedure Code, which he claimed was the prerogative of the Provincial Government. The High Court evaluated the constitutional and legal framework governing the jurisdiction of the Chief Commissioner and determined that, under the Islamabad Capital Territory (Administration) Order, 1980, the Chief Commissioner held equivalent powers to that of the Provincial Government. The court also considered the implications of the ongoing political unrest and the law and order issues stemming from the petitioner's supporters gathering at court proceedings. The High Court concluded that the circumstances justified the order for a jail trial and highlighted the need for maintaining judicial decorum and security. The decision underscores the balance between legal rights and public safety, particularly in politically charged cases. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SARDAR MUHAMMAD ASLAM, J
|
| Lawyers |
Mr. Hashmat Ali Habib, Advocate
|
| Petitioners |
Makhdoom MUHAMMAD JAVED HASHMI
|
| Respondents |
CHIEF COMMISSIONER, ISLAMABAD
|
| Citations |
2004 SLD 1334,
2004 PCRLJ 1089
|
| Other Citations |
Shaikh Hafeez Ahmad v. The State through Secretary (Home), Government of the Punjab, Lahore PLD 1975 Lah. 1453,
Akhlaq Ahmad v. Government of Punjab and others 1991 MLD 739,
Asif Ali Zardari v. Special Judge, (Offences in Banks) and 10 others PLD 1992 Kar. 437,
Shaukat Hayat v. Government of Sindh and another 1987 MLD 2783,
Abdul Fatah and others v. The State 1990 MLD 1087,
Reference made by Sessions Judge, Larkana for transfer of cases: 1990 PCr. LJ 1687,
PLD 2003 Lah. 450,
1990 MLD 1994
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Islamabad Capital Territory (Administration) Order (18 of 1980),
Constitution of Pakistan (1973)
|
| Sections |
9(2),
Art.2,
Art. 199
|