JAVED AHMAD versus THE STATE
Arrest and detention cases are legal in absentia under the Pakistan Penal Code Section 120 D & 304 Terrorism Activities (Special Courts) Act (XV of 1975), Article 5 A Constitution of Pakistan (1973), Article 10 Safe Guard The prosecution was prosecuted as a state. He was convicted and sentenced because the defendant challenged his conviction and sentence, claiming that the trial was illegal in absentia. The state's lawyer admitted that the case was unusual and that he had no objection to sentencing or sentencing the accused in absentia. The State Council should be set aside, however, it was prayed that the trial court for a fresh trial on merit pursuant to the provisions of Section 5A of the Suppression of Terrorism Activities (Special Courts) Act, 1975 Which would allow the case to be absent. Due to the unlawful and violation of Article 10 of the Constitution of Pakistan (1973), the conviction and sentence of the accused were kept separate and the case was referred to Tria.
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