DILAWAR HAYAT Versus STATE

ORDER

1. JAVID IQBAL, J.-- This petition for leave to appeal has been filed by Dilawar Hayat petitioner against order of learned Single Judge of the Lahore High Court, Lahore dismissing the application for quashment of proceedings pending against the petitioner in the Court of the Additional Sessions Judge, Gujrat.

2. The position is that a case was registered against the petitioner under section 302, P.P.C. on 26-2-1983 at Police Station Kunjah, District Gujrat for the alleged murder of Muhammad Afzal in West Germany on 2nd November, 1980.

3. It was argued by the learned counsel for the petitioner before us that since the offence was committed beyond the territorial limits of Pakistan a special sanction order was required from the Federal Government for his trial under section 188, Cr. P. C . It was submitted that in the present case the sanction order issued had not been issued by the Secretary Ministry of Interior but has been issued by the Deputy Secretary and he was not authorised to represent the Federal Government of Pakistan. It was next submitted that the Additional Sessions Judge before whom the trial is pending had fixed it for evidence without obtaining copies of the statements of witnesses from West Germany as required under section 189, Cr.P.C.

4. We have considered the arguments of the learned counsel. So far as section 189, Cr.P.C. is concerned it does not create any obligation on the trial Court to supply copies of the depositions to the accused person but only provides that the copies of depositions A made or exhibits produced from the territory in which such offence was committed shall be received as evidence by the Court holding the trial. So far as the sanction order required under section 188, Cr.P.C. is concerned it is placed at pages 28-29 of the paper book and it clearly indicates that the Deputy Secretary has given the sanction of the trial of the petitioner on behalf of the Federal Government and not in his own name. Consequently the sanction order is in accordance with the provisions laid down in section 188, Cr.P. C. except that we note that at the end it is stated therein in para. 3 as follows:

5. "Now, whereas the Federal Government is pleased under section 188 of Cr.P.C. to sanction the prosecution of the said Dilawar Hussain for the aforesaid offence, or any other offence/offences under any provision of law that the Court may consider fit in the Court of the Special Judge (Central), Gujrat."

6. It is evident that Special Judge (Central) Gujrat is deputed to hear corruption cases and the trial of the petitioner is pending before the Additional Sessions Judge Gujrat. In order to clarify as to why the Court of the Special Judge (Central) Gujrat has been directed to hold the trial of the petitioner, the representative of the Ministry of Interior who was summoned to appear before us, explained that it was merely a typographical mistake and that the error will be corrected as the trial of the petitioner is pending before the Additional Sessions Judge Gujrat.

7. In the light of the above discussion in our considered opinion it is not a fit case for interference by this Court. The petition is therefore, dismissed.

8. M.I. /D-12/S Petition dismissed.