KHALIL-UR-REHMAN RAMDAY, J.~ This judgment shall dispose of riminal Appeal No. 419/89, 445/89, 474/89, 475/89, 399/89, 673/89, 570/89, 463/89, 50/J-89, 37/J-89, 40/J-89, 422/89, 263/89, 217/89, 218/89, 219/89, 229/89, 268/89 and 225/89.
2. All these appeals arise out of trials held by various Special Courts for speedy Trials, which courts were constituted under .The Special Courts for Speedy Trials Act No. XV of 1987. The appellants herein call in question the conviction and the sentences recorded against each one of them, on various factual- and legal grounds, including the submission that while holding the trials in question, the said Special Courts had ceased to exist and the said trials were thus Coram non Judice.
3. The law relating to Speedy Trials was originally promulgated on 26.7.1987 through the Special Courts for Speedy Trials Ordinance No.11 of 1987. The said Ordinance was, on 8,11.1987, substituted by the Special Courts for Speedy Trials Act No. XV of 1987 and the Legislature fixed the life of this Act to be one year from the date of its enactment. But before the expiry of this period of one year, an amending Ordinance No. XIV of 1988 was promulgated on 13.10.1988 which substituted the 'one year life' of this Act with 'two years'. The said amending Ordinance was, however, not placed before the National Assembly in terms of Article 89 (2) of the Constitution and consequently the same stood repealed on the expiry of four months from its promulgation i.e. On 12.2.1989.
4. The Supreme Court considered the effect of the provisions of Article 89 (2) of the Constitution and declared, through Government of Punjab vs. Ziaullah Khan and others (1992 S.C.M.R. 602) that the amending Ordinance No. XIV of 1988, which had not been placed before the National Assembly stood repealed on 12.2.1989 and the amendment incorporated in Act No. XV of 19 through this amending Ordinance also disappeared with the repeal of the said amending Ordinance.
5. In view of the pronouncement of the Supreme Court, the Special Courts for Speedy Trials Act No. XV of 1987 became extinct after 12.2.1989 with the result that no Special Courts, constituted by the said Act, existed thereafter Therefore all proceedings taken by these Courts after the said date were proceedings taken without lawful authority and were of no legal effect.
6. In all the appeals before us, the trials were commenced, held on continued after the above- noticed crucial date i.e. 12.2.1989 and all the judgments convictions and sentences impugned through the said appeals had been passed and recorded well after the said date.
7. Consequently, we hold that all the trials which are the subject matter of the present appeals, were trials which were Coram non Judice: were trials held without jurisdiction and are thus of no legal effect.
8. Resultantly, all these appeals are allowed and all the respective trials, the judgments, the convictions and the sentences are set-aside as being void and unlawful.
9. Since we have held that all these trials were trials without jurisdiction, having been held by Courts which did not exist in the eyes of law, therefore, the record in all these cases shall be sent to the concerned District Magistrates who shall then cause submission/entrustment of the said cases to the Courts of competent jurisdiction for fresh trials in accordance with law.
10. The record in Crl. Appeals No. 37/J-89, 50/J-89, 218, 219, 222, 263, 419, 445, 474, 475, all of 1989, had still not been printed. We have disposed of these appeals after dispensing with the printing of record as required by rules.
11. The appellants in Crl. Appeals No. 419/89, 474, 475 of 1989, 463/89 and 229/89 are on bail after the sentences recorded against them had been suspended by this Court. They are directed to abide by the orders of the competent Courts which shall now deal with the trials as above ordered.