COURTS TO BE OPEN

[Section 352, Cr.P.C.] Objection to the presence of police officer in Court. When the accused person objects to the presence of a police officer or other person, the Magistrate had to decide whether the accused's fear of prejudice to his case is reasonable, considering the intelligence and susceptibilities of the class to which he belongs, and not merely, whether the presence is convenient or helpful to the Court or the prosecution. It is not admissible that a police officer interested in the case proceeding before the Magistrate should receive exceptional treatment as a seat on a dais, as is calculated to breed suspicion in the mind of the accused as to the independence of the Magistrate. 26 Cr.LJ 1130 Nathu Singh. Magistrate debarring public in general from entering court-room without permission but making no specific mention that he intended to hold trial in camera. Held, order though not proper, yet not bad. PLD 1966 Lah. 562. Abdul Rashid Chaudhri. (DB) PLD 1978 Kar. 308 Mairaj Muhammad Khan. (DB) PLD 1978 Kar. 342 Ch. Zahur Elahi. Lawyers have no special privilege in entering court-room when entry is restricted and they are not counsel for the parties. PLD 1966 Lah. 562. Abdul Rashid Chaudhri. Restriction of court proceedings. Evidence led relating to matters disclosure of which might be fraught with grave consequences to the State, in inquiry under PRODA (Public and Representative Offices Disqualification Act 1949) against an ex-minister. High Court has power to restrict publication of proceeding in press. (DB) PLD 1949 Lah. 572 Prov. of West Pakistan v. Iftikhar Hussain Khan. 51 Cr. LJ 1151. Jail trial. It is undesirable to hold trial in jail because it is difficult to get a counsel to appear in jail. Trial in jail is not invalid when the accused has an opportunity to talk to his friends or his counsel. 18 Cr.LJ 852. Sahai Singh. (DB) PLD 1978 Kar. 308. Mairaj Muhammad Khan. Trial in camera is valid unless the accused has been prejudiced. 38 Cr.LJ 48. Gardener v. U Khan. Trial in camera. Request not granted for the reason that the accused was a high Government officer who also held a military rank and the country was under martial law, therefore, it was considered as a compelling reason for holding open trial that justice not only be done but should manifestly be done. Held, that the trial court had not improperly exercised the discretion by holding open trial. (SC) PLD 1963 SC 51. Ali Nawaz v. Muhammad Yousaf. Scandalising Court. Where Court apprehends that it will be scandalised, and its fairness, integrity and impartiality challenged, proceedings directed to be held in camera. (FB) PLD 1978 Lah. 523. State v. Z.A. Bhutto PLJ 1978 Cr. C. (Lah.) 234. Trial in Magistrate's private room is not illegal when not objected to by the parties. 3 Cr.LJ 443 Varayana Swami. Trial at spot. "Place" does not mean "room" or "building". Trial on the spot for an offence under Motor Vehicles Act is not illegal. (DB) PLD 1962 Kar. 249. Bashir Ahmed v. Chief Commissioner.