S.241-A & 265-C CrPC
S.241-A & 265-C
CrPC--- Supply of documents --- Signatures of accused on Order Sheet --- Object,
purpose and scope --- Purpose of law is that copies of documents appended with the
report under S. 173, Cr.P.C. are to be provided so that the accused knows the case
against him --
Criminal trial --- Short adjournments --- Effect --- Grant
of short adjournments or proceedings of trial on a day-to-day basis does not
mean denying dictates of Art.10-A of the Constitution per se, as long as every
right of accused remains intact and every objection is dealt with in accordance
with law.
Ss.241-A & 265-C CrPC--- Supply of documents ---
Signatures of accused on Order Sheet --- Object, purpose and scope --- Purpose
of law is that copies of documents appended with report under S. 173, Cr.P.C.
are to be provided so that accused knows case against him --- Acknowledgment,
by way of signatures on the order sheet, is only a proof that compliance was
made of S. 265-C, or 241-A, Cr.P.C.
Care-taker government --- Scope --- Care-taker government
is a government 'sui generis ' one of its kind. Constitution draws the distinction
between elected Chief Minister and care-taker Chief Minister, as far as
obligations, responsibilities , powers and functions are concerned --- Elected
Provincial Government is accountable and answerable to Assembly and care-taker
Provincial Government works in the absence of an Assembly
Diary No. 18047 of 2023
IMRAN AHMAD KHAN NIAZI versus The STATE through Attorney General Office ,
Islamabad and another
PLD 2024 Islamabad 41
Official Secrets Act1923
-- Ss.5 & 9 --- Constitution of Pakistan , Art . 10 - A --- Criminal
Procedure Code Ss . 241 - A & 439
--- Wrongful communication , etc. , of information and incitements ---
Fair trial and due process of law Supply of statements and documents to accused
--- Principle --- Accused was aggrieved of non - supply of copy of cypher which
he asserted to be a fundamental document of the prosecution case against him
Validity --- It is right of an accused to receive copies of all statements made
under Ss . 161 & 164 , Cr.P.C. and inspection notes recorded by
investigating officer and other documents --- Such right is not absolute and is
subject to proviso that where disclosure of any information is inexpedient in
public interest , such part of statement can be excluded from copy of statement
furnished to accused --- All documents , which were part of report under S. 173,
Cr.P.C. were supplied to accused --- If any document was not part of challan /
report under S. 173 , Cr.P.C. , which according to accused , was a fundamental
document , the effect thereof would be examined by Trial Court subsequently ---
Accused could also request for summoning of a particular document , if he felt
that such document was a fundamental document --- High Court directed Trial
Court to ensure due compliance of Art . 10 - A of the Constitution and declined
to interfere in the matter
Diary No. 18047 of 2023
IMRAN AHMAD KHAN NIAZI versus The STATE through Attorney General Office ,
Islamabad and another
PLD 2024 Islamabad 41
