1996 PLD Supreme Court 836

MUHAMMAD ASHFAQUE CHIEF and others vs HOME SECRETARY, GOVERNMENT

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Citation1996 PLD Supreme Court 836

CourtSupreme Court of Pakistan

Case No.Constitutional Petitions Nos. D-1609 -to 1623 of 1993 Civil Petitions Nos. 218-

Date1996-07-23

Judge(s)Ajmal Mian, Saleem Akhtar and Saiduzzaman Siddiqui

ResultLeave granted

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This matter concerns petitions challenging a notification issued by the Home Secretary, Government of Sindh, which designated the Central Prison, Karachi, as the venue for the trial of the petitioners under the Suppression of Terrorist Activities (Special Courts) Act, 1975. The petitioners challenged the legality of conducting criminal trials within prison premises, arguing against the validity of the notification issued under subsection (3) of section 3 of the Act. The High Court had previously dismissed their petitions, prompting an appeal to the Supreme Court. The Supreme Court granted leave to appeal to determine whether the law and the Constitution permit the fixing of a criminal trial venue inside a prison facility. Furthermore, the Court sought to examine whether the High Court correctly applied established precedents regarding the venue of criminal trials, specifically referencing the legal principles discussed in Asif Ali Zardari v. Special Judge (Offences in Banks) and Mairaj Muhammad Khan v. The State. The core legal question addresses the intersection of statutory authority regarding trial venues and constitutional rights concerning open and public trials.

Questions settled in this judgment

Can a criminal trial be legally conducted inside a prison under the Suppression of Terrorist Activities (Special Courts) Act, 1975?
Does the fixing of a criminal trial venue inside a prison violate constitutional provisions regarding the administration of justice?

Laws & provisions referred

Section 3(3), Suppression of Terrorist Activities (Special Courts) Act, 1975

criminal trial venueprison trialSuppression of Terrorist Activitiesconstitutional right to public trialvenue of trialspecial courts

ORDER

' SALEEM AKHTAR, J.-- In all these petitions common question of law is involved.

2. The petitioners are being tried under the Suppression of Terrorist Activities (Special Courts), Act, 1975. They had challenged the notification issued by the Home Secretary, Government of Sindh, Karachi under subsection (3) of section 3 of the said Act notifying the sitting of Judge for the purpose of conducting trial inside Central Prison, Karachi. Their petitions were dismissed by the High Court by the impugned judgment.

3. Leave is granted in all the petitions to consider the questions whether place of criminal trial could be fixed inside the prison under the relevant provisions of law and the Constitution and whether the impugned judgment has correctly applied the law laid down in Asif Ali Zardari v. Special Judge (Offences in Banks) and 10 others (PLD 1992 Karachi 437) and Mairaj Muhammad Khan v. The State (PLD 1978 Karachi 308).