In the case of “Mian Khalid Rauf Vs. Chaudhry Muhammad
Saleem and another” (PLD 2015 SC 348) Leave to Appeal was granted
by the Hon’ble Supreme Court to consider the question, inter alia,
whether the High Court was legally barred from entertaining a criminal
revision petition against the Judgment of a Special Court and whether
the bar of maintainability of appeal contained in section 10(2) of the Act
1958 would be extended to a Special Court created under Section 3 of
the Act 1958 by an appropriate Provincial Government? While
answering the said question it was observed that the Special Court/Judge
is a Court inferior to the High Court and hence the High Court's
revisional powers under section 435, Cr.P.C. to check the correctness,
legality or propriety of any finding or order recorded or passed by an
inferior Court would not stand excluded particularly as the Act itself does not exclude the same
Used in Judgement of
Lahore High court
WP- Criminal Proceeding
9027-17
2018 LHC 1465
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