GHULAM AHMAD MIR Vs. STATE

JUDGEMENT

(1.) THIS Review Petition is directed against the order dated 10th October, 2005 (hereinafter for short impugned order) passed by Special Judge (Principal District and Sessions Judge, Jammu) in the case titled as State v. Ghulam Ahmad Mir and Ors.

(2.) THE petitioners have assailed the impugned order on the grounds that learned Special Judge has wrongly, arbitrarily and erroneously framed charge against the petitioners. Further it is averred that material was not available before the trial court for presuming that petitioners were prima facie involved in the commission of offence punishable under Section 3 of Enemy Agents Ordinance 2005 (hereinafter for short Ordinance).

(3.) MR . Qayoom, learned Counsel for petitioners, while rebutting the arguments, argued that in terms of Section 9 Sub -clause (b) of Ordinance, Reviewing Judge has the power and jurisdiction to call for and examine the record of any proceedings before the special judge.