MUHAMMAD ARIF versus STATE
Sections 302 (b) / 34 of the Anti-Terrorism Act (XXVII of 1997), Sections 6 (2) (a) and 10 (11a) of the Constitution of Pakistan (1973), Arts 9, 10 (1) and 185 (3). The accused was placed in absentia and without being given a chance to be heard, he was charged with violating Arts 9 and 10 (1) of the Constitution and Section 10 (11A) of the Anti-Terrorism Act 1997. There was a hearing, both were sentenced. In the absence of the accused, the following courts, therefore, were not sustained under the law and the trial re-hearing required that the appeal be changed as a result of the leave appeal which was accepted and the trial court Sentenced and convicted and retained. Was set aside by the High Court and the remand for fresh trial was obtained as per the law of the accused on trial remand.
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