Pakistan Case LawRIFFAT HAYAT Versus JUDGE SPEICAL COURT FOR SUPPRESSION OF TERRORIST
The Supreme Court of Pakistan heard a petition seeking leave to appeal concerning the jurisdiction and procedure of the Special Court under the Suppression of Terrorist Activities (Special Courts) Act, 1975. The central legal issue raised was whether, in light of the special provisions embodied in Section 5 of the Suppression of Terrorist Activities Act, 1975 regulating the conditions for taking cognizance of an offence, a private complaint could be validly entertained by the Special Court after a police report (challan) had already been submitted in the matter naming all the accused persons, including those placed in column No. 2. The Supreme Court granted leave to appeal to examine and determine this substantial question of law regarding the interplay between police challans and private complaints under the special enactment. Furthermore, the Court directed that the interim relief granted on 12-02-1994 shall continue to remain operative pending the final decision of the petition.
- Can a Special Court entertain a private complaint under Section 5 of the Suppression of Terrorist Activities Act, 1975 after a police challan has already been submitted in the same case?
- Whether the inclusion of accused persons in column No. 2 of a police challan permits the filing and entertainment of a subsequent private complaint before a Special Court?
- Does Section 5 of the Suppression of Terrorist Activities Act, 1975 bar cognizance via a private complaint when all accused persons are already named in a police report?
ORDER
SAIDUZZAMAN SIDDIQUI, J.---Leve is granted in the case to consider whether in view of the special provision contained in section 5 of the Suppression of Terrorist Activities Act, 1975, laying down the conditions for taking cognizance in a case by a Special Court, a private complaint could be entertained, after a challan was already filed in respect of the case by the police before the Court mentioning the names of all the accused persons, though some of them were shown in column No,2 of the challan. The interim order passed on 12-2-1994 will remain operative until decision of this petition.
Judges on this bench
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