GHULAM MUHAMMAD Versus SHARIFAN BIBI

MUHAMMAD AMIR MALIK, J. --- Ghulam Nabi, Muhammad Arshad, Muhammad Anwar and Muhammad Amjad petitioners were facing trial for triple murder under section 302/307/148/149, P.P.C. in the Special Court (Suppression of Terrorist Activities) Gujranwala. They moved application for acquittal under section 249-A, Cr.P.C. while the prosecution moved application under section 249 ibid. The learned Special Court vide the impugned order, dated 20-10-1992 dismissed the petitioner's petition, granted A that of the prosecution, released the petitioners, even discharging them of their bail bonds, and left the case as pending to be proceeded with when Zulfiqar P.W. was available. The order has been called in question in the present revision petition.

2. It is clear from the order that all the eye-witnesses in the case were murdered except Zulfiqar who himself is a proclaimed offender in a murder case. Statements of 10 witnesses have already been recorded as to conspiracy. The learned Court in the circumstances considered that the evidence of conspiracy being there and an eye-witness, namely, Zulfiqar also in the field though yet not available for examination, the petitioners could not be granted clean acquittal. He was perfectly correct in this regard.

3. Learned counsel for the petitioners contended that under the Suppression of Terrorist Activities Act the trial was to proceed day to day and no adjournment could be granted except for two days so the impugned order was violative of the Act. Of course the trial is to be proceeded on day to day but inherent powers of the Court to do justice cannot be ignored. The other eye-wtinesses had been murdered and the one living was himself a proclaimed offender. So, unless there was no chance at all that the living eye-witnesses i.e. Zulfiqar in no eventuality could be made available, the case could not be said to be of no evidence.

4. In this view of the matter the. petition is dismissed.

N.H.Q./G-228/L Petition dismissed.