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 --

Criminal trial --- Short adjournments --- Effect --- Grant of short adjournments or proceedings of trial on 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 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 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

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