livelawpk.com - Powers under Section 265-K must be Exercised Cautiously ---

Powers under Section 265-K must be Exercised Cautiously and only when there is no Probability of Conviction --- Lahore High Court, Lahore upheld the Anti-Terrorism Court’s Decision, refusing to grant Acquittal at this Early Stage

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Powers under Section 265-K must be Exercised Cautiously and only when there is no Probability of Conviction --- Lahore High Court, Lahore upheld the Anti-Terrorism Court’s Decision, refusing to grant Acquittal at this Early Stage

Islamabad 18-12-2024: The Lahore High Court (LHC), Rawalpindi Bench, has dismissed Sheikh Rasheed Ahmed’s plea for acquittal under Section 265-K of the Cr.P.C. in the ongoing case concerning the attack on the General Headquarters (GHQ), Rawalpindi. The Court upheld the Anti-Terrorism Court’s (A.T.C.) order dismissing his application for acquittal at the initial stage of trial.

The case stems from [FIR No. 708], dated May 9, 2023, registered at Police Station R.A. Bazar, Rawalpindi. Sheikh Rasheed, a prominent political figure, was implicated in the case based on a statement under Section 164 Cr.P.C. recorded by a co-accused. Sheikh Rasheed filed a petition under Section 265-K, seeking acquittal on grounds of political victimization and lack of evidence.

The Court clarified that under Section 265-K Cr.P.C., a trial Court has the power to acquit an accused if there is no probability of conviction. However, this power must be exercised cautiously and at any stage of trial. The powers under Sections 249-A and 265-K are aimed at preventing abuse of Court process and protecting the accused from frivolous prosecutions.

The Court refrained from interfering at this early stage, stating that acquittal would stifle the trial proceedings and prejudice the trial Court’s process. The Petitioner retains the right to file a fresh application under Section 265-K at a later stage during the recording of evidence, should circumstances justify it.

The Lahore High Court dismissed the petition in limine (at a preliminary stage), affirming that the trial Court acted within its jurisdiction and committed no illegality or perversity. The Court emphasized that trials must proceed on their merits, and interference at this stage would be premature.