KIFAYATULLAH Alias KIFAYAT KHAN vs The STATE
This petition for bail before the Supreme Court of Pakistan arose from a criminal matter where the petitioner sought bail on the ground that the alleged offence fell within the exclusive jurisdiction of a Special Court under the Suppression of Terrorist Activities Act, which had not yet been constituted in District Dir. The core legal question was whether the Supreme Court should entertain a ground for bail regarding the non-constitution of a Special Court when that specific ground was not pressed before or examined by the High Court. The Supreme Court dismissed the petition, holding that because this ground was not raised before the High Court, the High Court could not ascertain the status of the Special Court's constitution or address the plea satisfactorily. The Court laid down the principle that new grounds concerning the non-existence of a trial forum must first be raised before the High Court, granting the petitioner liberty to move the High Court to consider this specific point.
- Can a petitioner raise a new ground regarding the non-constitution of a Special Court for the first time before the Supreme Court in a bail application?
- What is the proper forum to first ascertain and address the factual non-existence or non-constitution of a Special Court under the Suppression of Terrorist Activities Act?
- Suppression of Terrorist Activities Act
ORDER
1. NASIM HAS AN SHAH, J.-- The main ground pressed before us in support of the plea for bail is that the offence allegedly committed by the petitioner is within the cognizance of the Special Court visualized by the provisions of the Suppression of Terrorist Activities Act but that no Special Court has yet been constituted in the District Dir. Hence, the observation made by the learned Judge of the High Court while dismissing the petitioner's application for bail that the trial Court may reconsider the question of bail in the light of the evidence produced in the case is not of much practical utility.
2. We observe that the above ground was not pressed before the learned Judge of the High Court who could have gone into the question and ascertained whether or not any Special Court has been constituted in the District Dir and if not why not and in the light of all the information acquired in this regard dealt with the plea of the petitioner more satisfactorily.
3. The petitioner may, however, even now if so advised, move the High Court for consideration of this point.
4. This application, with the above observations, is dismissed.