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THE [KHYBER
PAKHTUNKHWA], SPECIAL TRIBUNAL ACT, 1948.
(ACT NO. XXII OF 1948)
CONTENTS.
PREAMBLE
SECTIONS:
1.
Short title, extent and
commencement.
2.
Constitution of Special Tribunals.
3.
Composition of Special Tribunals.
4.
Cases triable by Special Tribunals.
5.
Procedure and powers of Special
Tribunals.
6.
Bar of appeals and certain other
jurisdiction.
7.
Revision.
8.
Power of the Provincial Government
to withdraw prosecutions.
9.
Special Rules of Evidence.
10.
Special Provision regarding
punishment of offences under this Act.
11.
Special provision extending the
scope of Section 161 of the Indian Penal Code.
12.
Provisions regarding sentences and
orders of the Special Tribunal which cease to function.
13.
Offences under Sections 161 and 165
of the Penal Code to be cognizable offences.
14.
Powers to make rules.
THE [KHYBER
PAKHTUNKHWA], SPECIAL TRIBUNAL ACT, 1948.
(ACT NO. XXII OF 1948)
[Received the assent of the Governor-General on the 3rd January, 1949].
AN
ACT
to provide for the move speedy trial and more effective
punishment of certain offences.
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WHEREAS it is expedient to provide for the more speedy trial and more
effective punishment of certain offences.
It is
hereby enacted as follows:—
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Preamble.
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1.
(1) This Act may be called the [Khyber
Pakhtunkhwa] Special Tribunal Act, 1948:—
(2) It
extends to the whole of the [Province
of the Khyber Pakhtunkhwa].
(3) It
shall come into force at once.
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Short title, extent and
commencement.
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2.
The Provincial Government may, by notification in the
official gazette constitute for the purposes of this Act, Special Tribunals
to sit at any place in the [Khyber
Pakhtunkhwa] specified in the notification:
Provided that any such tribunal may, if it is satisfied that it will tend to
the general conveniences of parties or witnesses in any particular case, sit
for the trial of that case in a place other than the place herein before
specified for it.
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Constitution of Special
Tribunals.
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3.
(1) A Special Tribunal constituted under this Act shall
consist of three members, of whom each shall be a person who:—
(a) is
qualified under [Article
92 of the Constitution] for appointment as Judge of a High Court; or
(b) has
for a period of not less than three years, exercised, whether continuously or
not, the powers under the Code of Criminal Procedure, 1898, of a Sessions
Judge or an Additional Sessions Judge;
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Composition of Special
Tribunals.
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and at least two shall have
the qualification specified in cluase (a).
(2) The
Provincial Government shall appoint one of the members qualified under
sub-section (1) (a) to be the President of the Special Tribunal.
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4.
(1) The Special Tribunals shall have jurisdiction to try any case where
the accused is charged with an offence specified in the Schedule hereto
and any such case which, at the commencement of this Act, is pending before
any Court shall be deemed to be transferred to the Special Tribunal.
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Cases triable by Special
Tribunals.
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(2) When trying any such case as aforesaid, Special Tribunal may also try any
offence, whether or not specified in the Schedule hereto, which is an
offence with which the accused may, under the Code of Criminal Procedure,
1898, be charged at the same trial.
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5. (1)
A Special Tribunal may take cognizance of any offence as aforesaid without
the accused being committed to it for trial and in trying the accused it shall
follow the procedure prescribed by the Code of Criminal Procedure, 1898, for
the trial of warrant cases by Magistrates:
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Procedure and power of
Special Tribunals.
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Provided that a Special Tribunal may refuse to
summon any witness if it is satisfied, after examining the accused in that
behalf, that the evidence of such witness is not material, and it shall not be
bound to adjourn any trial for any purpose unless such adjournment is, in its
opinion, necessary in the interest of Justice:
Provided
further that for the purposes of sub-section (1) of Section 356, of said Code,
English shall be deemed to be the language of the said Court and the Tribunal
may decide by which one, if any of its members, the evidence of any or all
witnesses shall be taken in writing, and where, under the provisions of that
subsection, the evidence is taken down under the direction and superintendence
of the Tribunal, but not by a member thereof the provisions of sub-section (3)
of Section 356, shall not apply.
(2)
Notwithstanding anything contained in Section 3, of this Act, the
Special Tribunal may require anyone of its members to proceed with the trial of
a case in the absence of the other two members:
Provided that all the three members
shall be present when, on the evidence being concluded, the prosecutor or his
pleader is addressing the Special Tribunal and also when the judgement in the
case is delivered.
(3)
Save as provided in sub-section (1), the provisions of the Code of Criminal
Procedure, 1898, except those of Section 196-A and of Chapter XXXIII, shall, so
far as they are not inconsistent with this Act, apply to be proceedings before
a Special Tribunal, and for the purposes of the said provisions, the Special
Tribunal shall be deemed to be a Court of Session, trying cases without a jury
and a person conducting the prosecution before a Special Tribunal shall be
deemed to be Public Prosecutor.
(4) A
Special Tribunal shall not, merely by reason of a change in its members, be
bound to recall and rehear any witness who has given evidence, and it may act
on the evidence already recorded by or produced before it.
(5) In the event of any difference of opinion among the members of
Special Tribunal, the opinion of the majority shall prevail.
(6) A Special Tribunal may pass any sentence
authorized by law.
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6.
There shall be no appeal from any order or sentence of a Special Tribunal,
and no Court shall have authority to transfer any case from a Special
Tribunal or to issue directions under Section 491, of the Code of Criminal
Procedure, 1898, or, save as provided in Section 7, below have any
jurisdiction of any kind in respect of any proceedings before a Special
Tribunal.
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Bar of appeals and
certain other jurisdiction.
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7.
(1) [The
High Court] may call for record of any case which has been
decided by the Tribunal for the purpose of satisfying itself as to the
correctness, legality or propriety of any finding; sentence or order recorded
or passed and may, in its discretion exercise any of the powers
conferred on a court of appeal by Section 423, 426, 427 and 428 or on a court
by Section 338 and may enhance the sentence and, when the Judges of the [High
Court] are equally divided in opinion, the case shall be disposed of as
provided by Section 429 , of the Criminal Procedure Code.
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Revision.
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(2) No order under this Section
shall be made to the prejudice of the accused unless he has had an opportunity
of being heard either personally or by a pleader in his own defence.
(3) [The
High Court] may convert the finding of acquittal into one of conviction.
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8.
No prosecution under this Act of any person either generally or in respect of
any one or more of the offences for which he is being tried shall be
withdrawn except under the order of the Provincial Government.
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Power of the
Provincial Government to with draw prosecutions.
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9. (1)
When any person is charged before a Special Judge with an offence triable
under this Act and it is proved that such person, or any other person through
him or on his behalf is in possession, for which he cannot satisfactorily
account, of pecuniary resources, or property disproportionate to his known
sources of income, of that such person has on or about the time of offence
with which he is charged, obtained an accretion to his pecuniary resources or
property for which he cannot satisfactorily account, it shall be presumed,
unless the contrary is proved by the person charged, that such person has
committed an offence under section 161 to 165 of the [Pakistan
Penal Code] as the case may be.
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Special rules of
Evidence.
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(2) Where in any trial before a Special Judge of an offence punishable under
section 161 to 165 of the [Pakistan
Penal Code,] it is proved that an accused person has accepted or obtained, or
has agreed to accept or attempted to obtain for himself or for any other
person, any gratification (other than legal remuneration) or any valuable thing
or any, pecuniary advantage from a person or the agent of a person, for any
favour shown or promised to be shown by the accused person, it shall be
presumed, unless the contrary is proved, that he accepted or obtain, or agreed
to accept or attempted to obtain, that gratification or that valuable thing, or
pecuniary advantage to himself or some other person, as the case may be as a
motive or reward such as is mentioned in Section 151—163, [Pakistan
Penal Code] or, as the case may be without consideration, or for a
consideration which he knows to be inadequate:
Provided
that the court may decline to draw such presumption if the gratification or
thing or pecuniary advantage aforesaid is in its opinion so trivial that no
inference of corruption may fairly be drawn from the same.
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10.
When any person charged before a Special Tribunal with an offence punishable
under this Act is found guilty of that offence, the Special Tribunal shall,
notwithstanding anything contained in any other law, whether or not it passes
a sentence of imprisonment, also pass a sentence of fine which shall not be
less in amount than the amount of value of any gratification or valuable
thing found to have been accepted or obtained by him in contravention of the
provisions of this Act.
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Special provision regarding punishment of
offences under this Act.
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11.
Whoever being a public servant shows favour or extends patronage to any
person by reason of any relationship, friendship or otherwise and thereby
does or forbears to do any official act or in the exercise of his official
function renders or attempts to render any disservice to any person shall be
deemed to have committed an offence punishable under Section 161 of the [Pakistan
Penal Code].
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Special provision extending the scope of
Section 161 Indian Penal Code.
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12.
When the Special Tribunal ceased to function the sentences or orders
passed by it in any case shall, for the purpose of the provisions of
the Code of Criminal Procedure, 1898, applicable in respect of
those sentences or orders, be deemed to have been passed by the
Court of Sessions within the local limits of whose jurisdiction
the offence charged in the case, or alleged to have taken place, or if
there be more than one Court of Sessions by such one of them as [The
High Court ] in revision on a reference made to it, specially in this
behalf, may determine.
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Provision regarding sentences and orders of
the special Tribunal which cease to function.
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13. An
offence punishable under Section 161 or Section 165 of the [Pakistan
Penal Code] shall be deemed to be cognizable offence for the purposes of the
Code of Criminal Procedure, 1898 notwithstanding anything to the contrary
contained therein:
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Offences under sections 161 and 165 of the
Penal Code to be Cognizable offences.
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Provided
that a police officer below the rank of the Deputy Superintendent of Police
shall not investigate any such offence without the order of the Magistrate 1st
class or make any arrest therefor without a warrant.
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14.
(1) The Provincial Government may frame rules to carry out the purposes of
this Act.
(2) In particular and without prejudice to the generality of the
foregoing powers, such rules may provide for any of the following
matters:—
(a) Authorisation
of person to exercise the power to sanction prosecution on behalf of
the Provincial Government in respect of various grades of Government
servants;
(b) The
emoluments of the members of the Tribunal;
(c) The
summoning of witnesses and compelling the production of documents and the penalty
for disobeying, or evading the same in addition to or substitution of the
provisions of the Criminal Procedure Code;
(d) Other
matter incidental to the above.
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Powers to make rules.
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SCHEDULE.
(See Section 4)
15. Offences punishable under Sections 465
to 468, 471, 474 and 477 (a) and under Chapter IX of the [Pakistan
Penal Code.]
(2) An
offence punishable under Sections 379, 380, 381, 382 and 403 to 409 of the [Pakistan
Penal Code,] where the property in respeet of which the offence is committed is
property belonging to non-Muslims who have gone to [India]
and have left Pakistan or is the property entrusted by the Provincial
Government or any department of such Government, any local authority or a
person acting on behalf of any such Government department or authority.
An offence punishable under Section
411 or Section 414 of the [Pakistan
Penal Code], where the stolen property in respect of which the offence is
committed is such property as is described in the preceding item and in respect
of which an offence punishable under Section 406 or Section 409 of the said
Code has been committed.
(4) Any offence
punishable under Section 416 to Section 420 of the [Pakistan
Penal Code], where the person deceived is the Provincial Government or any
department of such Government or any local authority or a person acting on
behalf of any such Government, department or authority.
(5)
Any other offence which the Provincial Government may from time to time
by notification in the official Gazette, include in the Schedule.
(6) Any conspiracy to commit or any
attempt to commit or any abetment of any of the aforesaid offences.
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