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Islamabad High Court Clarifies Jurisdiction for Joint Trials under PECA and PPC

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Islamabad High Court Clarifies Jurisdiction for Joint Trials under PECA and PPC

Islamabad 26-06-2024: In a landmark ruling, the Islamabad High Court has addressed pivotal questions regarding the jurisdiction and procedures for the combined investigation and trial of offences under the Prevention of Electronic Crimes Act, 2016 (PECA) and the Pakistan Penal Code, 1860 (PPC). This ruling comes from the bench of Mr. Justice Aamer Farooq Chief Justice, Mr. Justice Babar Sattar, and Mr. Justice Arbab Muhammad Tahir in the case [Crl. Misc. No.1184-B-2023].

The Court declared that Special Judges appointed under the Pakistan Criminal Law (Amendment) Act, 1958 lack the jurisdiction to try offences under PECA unless these offences are included in the Schedule of the 1958 Act. Merely designating a presiding officer under section 44(1) of PECA does not extend their jurisdiction to PECA offences not listed in the Schedule.

The High Court confirmed that offences under PECA and PPC, if committed in the same transaction, can be jointly investigated and tried. This decision aligns with the Supreme Court’s ruling in Sughran Bibi's case, which mandates a single criminal case for all offences arising from one transaction.

The Court emphasized that the provisions of the Code of Criminal Procedure, 1898 (CrPC) apply to PECA offences to the extent they do not conflict with PECA. Sections 235 and 235(2) of CrPC, which permit joint trials of offences from the same transaction, remain applicable unless explicitly repealed by PECA.

To ensure the validity of past orders and actions, the Court applied the de facto doctrine, legitimizing the acts of the Special Judge (Central) under PECA, even if jurisdictional issues were later identified. This doctrine protects the interests of third parties and ensures judicial continuity.

The Court directed the Federal Government to promptly designate presiding officers from ordinary criminal courts (Magistrates, Additional Sessions Judges, and Sessions Judges) to handle PECA offences, ensuring timely trials and safeguarding the right to a fair trial.

This ruling by the Islamabad High Court provides crucial clarity on the jurisdiction and procedural integration of PECA and PPC offences. By affirming the possibility of joint trials for offences arising from a single transaction, the Court has streamlined the legal process and reinforced the coherence of Pakistan’s Criminal Justice System.