Trial of accused before the Special Court --- Supreme Court taking cognizance of the trial and passing certain directions therein --- High Court entertaining a writ petition filed by the accused despite Supreme Court having taken cognizance of the trial -

 Trial of accused before the Special Court --- Supreme Court taking cognizance of the trial and passing certain directions therein --- High Court entertaining a writ petition filed by the accused despite Supreme Court having taken cognizance of the trial --- Constitutionality and legality --- Special Court comprising of three Judges of the High Court conducted the trial of respondent No. 1 at Islamabad and convicted him --- During an interim stage of the trial the matter had come up before the Supreme Court , which took cognizance of the trial before the Special Court at Islamabad and gave certain directions to the Special Court ( to proceed with the trial in the absence of accused ) --- However , in complete disregard of the fact that the Supreme Court had taken cognizance of the Special Court's trial at Islamabad and had sustained it the Lahore High Court entertained a writ petition filed by respondent No. 1 , and then allowed it ( declaring the formation of the special court as violative of law , and devoid of legal sanctity ) --- Counsel for the applicants submitted that the Lahore High Court had no territorial jurisdiction ; that the jurisdiction of special courts is attended to in section 12 of the Criminal Law Amendment ( Special Court ) Act , 1976 and the purported judgment by the Lahore High Court was in derogation thereof ; that the Lahore High Court did not have constitutional jurisdiction under any of the provisions of Article 199 of the Constitution ; that the purported judgment of the Lahore High Court was ab initio void , illegal , unconstitutional and coram non judice ; that the writ petition was not maintainable before the Lahore High Court ; that the Lahore High Court assumed jurisdiction which exclusively vested in the Supreme Court , under section 12 ( 3 ) of the Criminal Law Amendment ( Special Court ) Act , 1976 ; and that the Lahore High Court had acted in complete derogation of the Constitution and of the law and that it is the duty of bar associations , bar councils and lawyers to ensur Constitution and the law is not violated and , if such illegalities are committed , to bring the same to the notice of the Supreme Court to rectify them --- Validity --- Supreme Court observed that the said submissions were substantial and legal points which required consideration --- Supreme Court directed that the office shall number the present petitions and issue notices to the respondents , except respondent No. I who had since passed away , however , the legal heirs of respondent No. 1 may come forward to join these cases ; that the record of the writ petition before the Lahore High Court , including the office file directing fixing of the case and constitution of special bench be requisitioned from the Lahore High Court and be put up along with that the present petitions on the date they are fixed before the Supreme Court for hearing --- Applications were allowed

C.M.A.677/2020
Taufiq Asif v. Genl. (Retd.) Pervez Musharraf & others
2024 S C M R 63