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SHAHABUD DIN versus HOME SECRETARY, HOME DEPARTMENT PUNJAB LAHORE

Prisoners detained under Section 337D / 353/186/184 Anti-Terrorism Act (XXVII of 1997), Section 7 Prisons Act (III of 1900), Section 29 Constitution of Pakistan (1973), Article 199 Constitution Had to move. The case is being investigated in the Anti-Terrorism Court, Multan, where two witnesses have been examined and transferred to New Central Jail, Multan to Chung Jail. The Home Secretary, Punjab did not present the accused despite the trial court's order. Gone, the court could not take further action at the next date hearing and in his absence the trial, unless he exercised his powers arbitrarily and ordered the transfer of an accused from his place without a chance to be heard. And was denied the right to appear. Relatives of the accused also suffered in court proceedings, who were entitled to visit him from time to time under prison rules. Article 29 of the Jail Act was banned after the transfer to the Anti-Terrorist Court, Multan along with some other jail trials, when the secretary of interior moved it without obtaining the permission of the aforesaid court, which halted the trial. Prohibited and interfered with the court's duties, the accused cannot be imprisoned indefinitely; without any progress in the trial, no fault on his part by the administrative ground. The order to transfer the accused was found to be illegal. As a result, the Secretary of Interior was instructed to approve the constitutional petition, either to transfer the accused to the new Central Jail, Multan, or to replace his existing prison. lawer from fb area from Satyana Bangla lawyer