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Criminal Miscellaneous No. 496/Q of 1974, decided on 13th February 1975.

‑‑ S. 561‑A‑Quashment of proceedings‑Matter pending against petitioner for the last 12 years and in Court for 7 years‑Only 4 prosecution witnesses examined‑Such state of affairs, held, deplorable‑-Proceedings quashed in circumstances of case. [Quashment of proceedings].

M. Iqbal Bhatti for Petitioner.

Farooq Azeem Hassan, A. A. G. with Niaz Ali Shah for the State.

A case was registered against the petitioner under M. L. R. 20 (A) of Martial Law of 1958, at the instance of the Special Police Establishment, Lahore, on the 19th of March, 1962. It was registered at the instance of one Muhammad Latif Butt, who produced a number of passport applications alongwith some money before the Martial Law Authorities. Assembly Chambers, Lahore, alleging that the applications and money had been given to him by Haji Muhammad Nazir co‑accused for preparation of passports. He handed over the same to the Martial Law Authorities as he suspected some foul-play. This matter was referred to the Special Police Establish ment, Lahore, and Syed Muhammad Azam Shah, Prosecuting Inspector eventually reported that the petitioner; and his co‑accused bad committed an offence punishable under Martial Law Regulation No. 20(A). The petitioner had been arrested already. He was produced before the Magistrate 1st Class, Lahore, on the 9th of May, 1962. The case was fixed for evidence on the 10th of May, 1962. But one of the co‑accused, namely. Karam Elahi moved an application challenging the jurisdiction of the trial Magistrate. As a result the proceedings were suspended. Later the petitioner was granted bail by the Magistrate 1st Class until the 11th of June, 1962. In the meantime. Martial Law was lifted and the 1962 Constitution was promulgated on the 7th of June, 1962. From the 11th of June, 1902 to the 18th of November, 1963, it was not certain as to where the file of this case was and who was to hold the trial. On the 25th of November, 1963, the petitioner and his co‑accused were summoned by the Additional Sessions Judge for the 11th of December', 1963. However, on that date also the question of jurisdiction of the Court to bear the matter was raised. The case remained pending before the Additional Sessions Judge until the 14th of November, 1964, when it was transferred to the Court of the Special Judge (Provincial) for disposal. Here again the question of jurisdiction was raised and the case was ultimately transferred to the District Magistrate, Lahore, for entrustment to sort a Magistrate for trial. The case was fixed before a local Magistrate for trial on the 5th of December, 1964. Despite several adjournments the prosecution could produce only four witnesses until October, 1966. Then Abdur Rashid Siddiqui co‑accused moved a petition for quashment of proceedings in this Court (Criminal Misc: No. 3831 of 1966) challenging the jurisdiction of the trial Court to hear the case and also praying for quashment on the ground of inordinate delay as well as protracted trial. The petition was dismissed by Mr. Justice S. A. Mahmood on the 8th of March, 1967. However, learned Judge observed that the question whether in view of the absence of the orders of the Martial Law Authorities the prosecution of the petitioner in an ordinary Criminal Court was not competent should be raised in the trial Court. In compliance with this direction the present petitioner raised this objection before the Magistrate concerned but the Magistrate did not agree. Therefore, the petitioner filed a revision petition under section 435, Cr. P. C. on 8th of June, 1967, in the Court of the Sessions Judge, Lahore. The petition was admitted for hearing and the record of the case was called. It is submitted before me that this revision petition which had been filed in 1967 was transferred from the Court of one Additional Sessions Judge to another for the past so many years until it was fixed for hearing by the Sessions Judge, Lahore, on the 11th of October, 1974. It remained pending for a period of seven years before the Sessions Court without any decision. In the meantime, the petitioner moved the present petition for quashment of 'proceedings and the record of this case was summoned. It is contended before me that the matter against the petitioner has been pending for the past 12 years and his revision petition before the Sessions Court remains pending for the past seven years. This by itself is a deplorable state of affairs, so much so that the learned Assistant Advocate‑General who is present before me himself concedes that the inordinate delay in this case is appealing. Learned Assistant Advocate‑General has not been able to controvert the position that the case against the petitioner has been pending for the past 12 years and the prosecution had not produced more than four witnesses against him. Further, if he had raised the objection that the ordinary Criminal Courts did not have jurisdiction to try him without specific order of the Martial Law Authorities, even that objection raised by him had never been decided. In the circumstances I am left with no alternative except to quash the proceedings in this case against the petitioner. These are hereby quashed.

This petition is accepted.

Petition accepted.

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