CRIMINAL LAW (SPECIAL
PROVISIONS) RULES, 1968
[Gazette of West
Pakistan, Extraordinary, 15th April 1970]
No. Judl‑1‑3(9)/68.‑In
exercise of the powers conferred by section 31 of the Criminal Law (Special
Provisions) Ordinance, 1968, the Governor of West Pakistan is pleased to frame
the following rules, namely :‑
1. Short title and
commencement.‑(1) These
rules may be called the Criminal Law (Special Provisions) Rules, 1968.
(2) They shall come into
force at once.
2. Definitions.‑In
these rules unless the context otherwise requires, the following
expressions shall have the meanings hereby respectively assigned to them, that
is to say‑
(a) "form"
means a form appended to these rules ;
(b) "Ordinance" means the Criminal Law
(Special Provisions) Ordinance, 1968 (West Pakistan Ordinance No. II of 1968).
(c)
"President" means the President of a tribunal ;
(d) "reference" means a reference made to
a Tribunal for decision under the Ordinance ;
(e) "Schedule"
means a Schedule appended to these rules; and
(f ) "section"
means a section of the Ordinance.
3. Convening the
meeting of the Tribunal.‑(1) Immediately after constituting the
Tribunal under section 6, the Deputy Commissioner shall communicate to the
President the names of the other members of the Tribunal, and require him
within 15 days of the receipt of his directions or within such longer period as
the Deputy Commissioner in the Special circumstances of a particular case may,
specify to convene a meeting of the Tribunal for the purpose of the enquiring
into the question referred to it for decision.
(2) On the receipt of
the direction under sub‑rule (1), the President shall send a request in writing
to the members of the Tribunal specifying therein the date, time and place of
the meeting and shall also require the attendance of the parties and their
witnesses on that date, and at that time and place.
(3) When the accused is
in custody, the President shall by his warrant require the production of the
accused before the Tribunal on the date, time and place specified under sub‑rule
(2) or on any other date to which the enquiry before the Tribunal may be
adjourned.
4. Procedure when a
member of the Tribunal is interested in a party.(1) If any member of the Tribunal is personally
interested in or is prejudiced against any party to the reference made to the
Tribunal he shall disclose such fact to the President, who shall thereupon
refer the matter to the Deputy Commissioner for appointing another person as
member in the place of such member.
(2) If a member of a
Tribunal dies, refuses to act, becomes incapacitated from acting or fails to
attend any meeting of the Tribunal without sufficient cause, the President
shall refer the matter to the Deputy Commissioner for appointment of another
member in the place of such member.
(3) In appointing a
member under sub‑rule (1) or sub‑rule (2), the Deputy Commissioner shall follow
the procedure laid down in section 6.
5. Proceedings
of Tribunal to be from day today.‑The Tribunal shall proceed with the reference
from day to day unless for any special reason' to be recorded in writing by the
President, an adjournment for a longer period is deemed necessary.
6. Procedure to
be followed by Tribunal in enquiries under section 9.(1) An enquiry by the
Tribunal under section 9 shall, subject to the Provisions of the said section,
be made in such manner as the Tribunal deems best suited in the interest of
justice.
(2) A confession made by
an accused to a Police Officer or which appears to have been made by him as a
result of torture or on account of his being put in fear of
bodily hurt to himself or to any other person in whom he is interested or fear
of deprivation of property shall not be admissible before the Tribunal;
provided that so much of such confession as relates distinctly to the discovery
of any fact shall be admissible.
7. Memorandum of
evidence to be maintained by the President.‑(1) The President shall in his own hand or under his
supervision, maintain a memorandum of the evidence tendered before the Tribunal
and shall sign the same.
(2) The parties shall be
entitled to copies of the memorandum of evidence maintained
under sub‑rule (1) at the rates prescribed for copies granted by Magisterial
Courts.
8. Tribunal to record
reasons where 'it refuses to hear any evidence.‑---Where the Tribunal refuses to hear any evidence
on the ground that it is being tendered for the purposes of vexation, delay or
defeating the ends of justice, it shall record its reasons for
such refusal.
9. Sittings of Tribunal.‑The Tribunal shall hold its sittings
at such place or places as may be specified by the Deputy Commissioner,
provided that if the Tribunal deems fit, it may also meet at a place where the
offence which has been
referred for decision to the Tribunal or any material part thereof, is alleged
to have been committed, or the cause of action arose, or any place in the
vicinity of such place.
10. Procedure when
Tribunal finds the accused guilty of an Offence not triable under the Ordinance.‑Where
the Tribunal finds that an accused whose case has been referred to it
under section 5 is not guilty of any scheduled offence, but there are reasons
to believe that he is guilty of some other offence, the Tribunal shall make
such a report to the Deputy Commissioner, who shall thereupon refer the case
for disposal to a Court of competent jurisdiction.
11. Submission of
record to the
Commissioner where Deputy Commissioner passes a sentence exceeding
7 years imprisonment.‑Where the Deputy Commissioner passes a sentence
exceeding 7 years on an accused, he shall within 7 days of the passing of such
sentence, submit the record of the case, together with the findings of the
Tribunal to the Commissioner for confirmation of the sentence.
12. Procedure of Commissioner for hearing reference
for confirmation of sentence under rule H.‑(I) The
Commissioner shall, on receipt of a reference for confirmation of sentence
under rule 11, fix a date for hearing the reference and shall issue notice of
such date to the parties and give them an opportunity of being heard.
(2) A copy of the order
passed by the Commissioner on reference shall be furnished to the accused free
of cost within 3 days of the passing of the order.
" (3) No order of
confirmation shall be made by the Commissioner under section 23 until
the period allowed for preferring an appeal against such sentence has expired,
or, if an appeal has been filed, until such appeal is disposed of.
13. Compounding
of offences.‑The scheduled offences specified in columns 1 and 2 of
the first Schedule may be compounded by the persons mentioned against such
offences in column 3 thereof.
14. Composition of
offences with the permission of Deputy Commissioner.‑(1) The scheduled offences specified in columns 1
and 2 of the Second Schedule may, with the permission of the Deputy
Commissioner, be compounded by the persons mentioned against such offences in
column 3 of the said Schedule.
(2) An application for
the composition of an offence specified in the Second Schedule may be submitted
to the Deputy Commissioner, or to the Tribunal to which the question of guilt
or in notice of the person or persons accused of such offence has been
referred.
(3) Where the
application is made to the Tribunal, it shall submit the same to the Deputy
Commissioner with its recommendations whether the permission for compounding
the case may be granted or refused.
(4) Where the
application is made to the Deputy Commissioner, and the case is being inquired
into by the Tribunal, the Deputy Commissioner may call for a report from the
Tribunal, and pending disposal of the application may stay the proceedings
before the Tribunal.
15. Composition of offences with permission ofCommissioner.‑(1) The
scheduled offences specified in columns 1 and 2 of the Third Schedule may, with
the permission of the Commissioner, be compounded by the person or persons
mentioned against such offences in column 3 of the said Schedule.
(2) An application for
the composition an offence specified in the Third Schedule may be submitted‑
(a) Where the question of the guilt or in notice of
the person or persons accused of such offence has been referred to a Tribunal,
and the Tribunal has not submitted its report to the Tribunal;
(b) where the Deputy Commissioner has not yet
constituted a Tribunal for inquiring into the question of guilt or in notice of
the person or persons accused of the offence, or the Tribunal has submitted its
report, to the Deputy Commissioner;
(c) where the case has
been submitted by the Deputy Commissioner under section 13 (2) for
confirmation of sentence, or an appeal has been preferred under section 24, to
the Commissioner.
(3) Where an application
is received by a Tribunal under clause (a) of sub‑rule (2), it shall forward
the same to the Commissioner, through the Deputy Commissioner with its
recommendations whether permission for compounding the offence may be granted
or refused.
(4) Where an application
is received by the Deputy Commissioner under clause (b) of sub‑rule
(2) he shall forward the same to the Commissioner with his recommendation
whether the permission for compounding the offence may be granted or refused.
(5) Where an application
under sub‑clause (c) of sub‑rule (2) is received by the Commissioner he may,
before passing orders thereon, call for a report from the Deputy Commissioner
the Tribunal or both.
16. Permission for
compounding of offences after conviction.‑When an accused has been convicted
and an appeal or a revision petition is pending, or the case of the accused has
been referred to the Commissioner for confirmation under section 12 (2), no
offence specified in the second or third Schedule shall be compounded without
the permission of the authority before which the appeal, revision petition or
case for confirmation of sentence is pending.
17. Effect of
composition.‑The effect of composition of an offence under rule 13, 14, 15 or
16 shall have the effect of an acquittal of the accused with whom the offence
has been compounded.
18. Free supply of copy
of orders in appeal.‑Parties shall be entitled to copies, free of cost, of the
orders passed by the Commissioner and the Government in appeal.
19. Registers to be
maintained by the Commissioner.‑The Commissioner shall maintain the following
registers:
(i) Register of
confirmation of sentences in Form A; and
(ii) Register of Appeals
in Form B.
20. Registers to be
maintained by the Deputy Commissioner.‑The Deputy Commissioner shall maintain
the following registers :‑
(i) Register of Criminal
references under sections 4 and 5 in Form C;
(ii) Register of cases
of Security Proceedings referred to the Tribunal under sections 17 and 18 in
Form D; and
(iii) Register of Fines
in Form
E.
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