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Criminal Appeal No. 125 of 1982, decided on 24th November, 1985.
‑‑‑S. 161‑‑Prevention of Corruption Act (11 of 1947), S. 5(2)‑‑ Jurisdiction‑‑Trial Court not qualified enough to be appointed as Special Judge. Anti‑Corruption‑‑Entire proceedings before him, including order of conviction, held, were without jurisdiction‑‑Conviction was therefore, set aside.
Sh. Abdul Qayyum for Appellant.
Saleem Shad for the State.
Date of hearing: 24th November, 1985.
This Criminal Appeal arises from the judgment of the Court of Chaudhry Muhammad Islam, Spc9cial Judge, Anti‑Corruption, Lahore whereby he on 7‑3‑1982 convicted Rana Ata Muhammad, appellant under section 161, P.P.C, read with section 5(2) of the Prevention of Corruption Act, 1947 and sentenced him to R.I. for two years.
2. Since after hearing the learned counsel for the parties, I feel inclined to set aside the conviction and sentence of the appellant on he ground of the lack of jurisdiction of the trial Court to try the appellant. I need not to set the facts in detail and enter into the merits of the case. I find as held in case Mahmood‑ul‑Hassan v. The Mate reported as 1984 Cr. L J 1107, Chaudhry Muhammad Islam, Special Judge. Anti‑Corruption the learned trial Judge was not qualified enough to be appointed as Special Judge, Anti‑Corruption and as such the entire proceedings including the order of conviction are without jurisdiction. That being the position there is no option but to set aside the conviction and send back the case to Senior Special Judge, Anti Corruption, Lahore for retrial in accordance with law.
S.A. Retrial ordered.
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