The 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 to day.‑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 of Commissioner.‑(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.