SALEEM AND OTHERS vs THE STATE
This matter concerns a petition for leave to appeal against an order of the High Court of Sind & Baluchistan, which dismissed the petitioners' application for bail. The petitioners were facing trial before a Special Tribunal constituted under the Defence of Pakistan Ordinance for alleged encroachment on forest land and the wrongful felling of saplings. The High Court had declined to grant bail, holding that it lacked the requisite jurisdiction to entertain bail applications for persons undergoing trial before such a Special Tribunal. Upon review, the Supreme Court noted that the core legal question involved the jurisdiction of the High Court to grant bail to individuals facing trial before a Special Tribunal established under the Defence of Pakistan Ordinance. Finding that this issue had already been raised in other similar cases where leave to appeal had been granted, the Supreme Court granted leave to appeal in the present matter. Consequently, the Court confirmed the interim bail previously granted to the petitioners while directing that the proceedings before the Special Tribunal should continue.
- Does the High Court have the jurisdiction to grant bail to persons undergoing trial before a Special Tribunal constituted under the Defence of Pakistan Ordinance?
- Can interim bail be confirmed pending the determination of the High Court's jurisdiction to grant bail in cases before a Special Tribunal?
- Section 9, Defence of Pakistan Ordinance 1971
- Rule 42, Defence of Pakistan Rules 1971
- Rule 43, Defence of Pakistan Rules 1971
- Rule 49, Defence of Pakistan Rules 1971
- Section 497, Code of Criminal Procedure 1898
- Section 498, Code of Criminal Procedure 1898
- Rule 210, Defence of Pakistan Rules 1971
1. ' MUHAMMAD YAQUB ALI, J-Petitioners have been placed before a Special Tribunal set up under section 9 of the Defence of Pakistan Ordinance (Rules 42, 43 and 49) on the accusation that they have encroached upon Forest land and wrongfully felled saplings.
2. ' The petitioners moved an application before the High Court of Sind & Baluchistan, Karachi, under sections 497 and 498, Cr. P. C. And rule 210 of the Defence of Pakistan Rules for bail which has been dismissed by a learned Judge in the view that the Court has no jurisdiction to grant bail to persons undergoing trial before the Special Tribunal.
3. ' It is pointed out by Mr. M. I. Memon, Advocate-on-Record for the petitioners that this Court has already granted leave to appeal in a number of similar cases which are listed at page 4 of the petition.
4. As the question raised pertains to jurisdiction of the High Court to grant bail to persons who are placed for trial before a Special Tribunal A for offences under the Defence of Pakistan Ordinance, we grant leave to appeal.
5. ' Interim bail allowed to the petitioners on the 25th January, 1975, is confirmed. Proceedings before the Special Tribunal will, in the meantime, continue and records will not be summoned as question involved is of jurisdiction alone. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.