Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: KIFAYATULLAH Alias KIFAYAT KHAN VS Respondent: The STATE
Court Name: Supreme Court of Pakistan Judge(s): Nasim Hasan Shah, Muhammad Afzal Zullah, M. S. H. Qureshi Title: KIFAYATULLAH Alias KIFAYAT KHAN vs The STATE Case No.: Criminal Petition No.55-P of 1984 Criminal Miscellaneous No. 765 of 1984 Date of Judgment:1984-12-11 Reported As: 1985 SCMR 559 Result: Petition dismissed
Judgment ORDER NASIM HAS AN SHAH, J.-- The main ground pressed before us in support of the plea for bail is that the offence allegedly committed by the petitioner is within the cognizance of the Special Court visualized by the provisions of the Suppression of Terrorist Activities Act but that no Special Court has yet been constituted in the District Dir. Hence, the observation made by the learned Judge of the High Court while dismissing the petitioner's application for bail that the trial Court may reconsider the question of bail in the light of the evidence produced in the case is not of much practical utility. We observe that the above ground was not pressed before the learned Judge of the High Court who could have gone into the question and ascertained whether or not any Special Court has been constituted in the District Dir and if not why not and in the light of all the information acquired in this regard dealt with the plea of the petitioner more satisfactorily. The petitioner may, however, even now if so advised, move the High Court for consideration of this point. This application, with the above observations, is dismissed.