PLD 2023 PESHAWAR 110
Provisions of Juvenile Justice System Act , 2018 , take precedence in trial of juvenile accused of committing terrorist offences as it aligns with legislative intent expressed Ss . 4 ( 4 ) & 23 of Juvenile Justice System Act , 2018 --- Three categories of offences- minor , major , and heinous are mentioned in Juvenile Justice System Act , 2018 , with the last one relevant to terrorism - related act --- It is crucial to consider that certain safeguards ; both substantive and procedural , available to minors can only be ensured through Juvenile Court in platform --- Such measures include confidentiality of proceedings , detention in observation homes , support from probation and social welfare officers to the investigating officer , and the social investigation report attached to report under S. 173 , Cr.P.C .--- Spectrum of rehabilitative penalties , such as probation , community service orders , detention in juvenile rehabilitation centers and prohibition of capital punishment , are only envisioned within the parameters of Juvenile Justice System Act , 2018 --- Absence of such safeguards can affect right of juvenile offenders to a fair trial --- Pakistan has ratified United Nations Convention on the Rights of the Child --- Trial of a child as per Art . 40 ( 2 ) ( b ) ( iii ) & ( vii ) of United Nations Convention on the Rights of the Child should be conducted in Juvenile Court , ensuring safeguards of their privacy --- Proper procedural measures under Art . 40 ( 2 ) ( b ) ( iv ) of United Nations Convention on the Rights of the Child require ensuring the child effectively participates in trial --- Rehabilitative approach to passing sentences has been emphasized in Art . 40 ( 1 ) of United Nations Convention on the Rights of the Child --- Juvenile accused committing terrorism offence would be tried by Juvenile Court established and notified under Juvenile Justice System Act , 2018 --- High Court transferred trial of juvenile accused to Juvenile Court - In light of S. 23 of Anti - Terrorism Act , 1997 , the Juvenile Court would proceed with trial as if it had taken cognizance of the offence and resume from the stage it was transferred by Anti - Terrorism Court
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