' SARDAR MUHAMMAD DOGAR, J.--- Manzoor Ahmad, Saifullah and Muhammad Ilyas were arrested in case F.I.R. No,302, Police Station Qila Didar Singh, District Gujranwala, dated 20-8-1988. After completion of necessary investigation, the challan was submitted to Court. The Punjab Government, vide order dated 20-5-1989 transferred the case for trial by Judge, Punjab Special Court for Speedy Trials No,IX, Gujranwala, constituted under the Special Courts for Speedy Trials Act, 1987.
' Learned trial Judge vide judgment dated 4-9-1989 convicted them under section 397/395, P.P.C.
And sentenced each of them to undergo R.I. For ten years plus to pay a fine of Rs,50,000 each; in default whereof to undergo R.I. For five years each.
2. The convicts have filed appeal.
3. Learned counsel for the appellants at the very outset pointed out that the Supreme Court vide judgment passed in Civil Appeal No,680 of 1989 has declared that Special Courts had ceased to be in existence from 12-2-1989 and so the judgment passed against the appellants was coram non judice.
4. As noted above, the case was entrusted for trial on 20-5-1989. As such, what to speak of the judgment having been passed after the Courts had ceased to function legally, even the order for trial of the case was passed on a date by which the legal sanction of functioning of the Courts had ceased to be operative. The conviction and sentences of the appellants, as such, were passed by a Court not competent to pass such judgment. The same are set aside.
A copy of this judgment snail be sent to the District Ma&trate for submission of the case for trial by a competent Court.