- Admittedly the amendment made in Code in Pakistan in shape of sections 241-A & 256-C have not been adopted in AK — Therefore under these provisions of law accused-respondents cannot demand copies of statements of prosecution witnesses or any other documents free of cost to them — However in AJK Police Rules of old Regime have been adopted through Resolution No.638 on December 30, 1948 — U/r 2 of this Resolution the police officer while submitting challan is bound to supply the copies of statements of all the witnesses and other documentary evidence to the accused persons — The earlier adoptation cannot repeal any law enforced through adoptation later on — Police Act was adopted along with some other laws but the rules framed under the Act had not been adopted — In Azad Kashmir the AJK Police Rules of Old Regime have been adopted — These rules upto this time have not been repealed nor replaced and substituted by fresh rules — U/s 51 of the AJ&K Interim Constitution Act 1974 all orders, rules, laws, regulations, notifications and other legal instruments which before the commencement of the AJ&K Interim Constitution Act were in force have been equated with law — Their violation shall be the violation of law — These rules are carrying out the purpose of the Code — The procedure contained in the Code is followed in conducting trial under Ehtesab Act — Held: The accused -respondents are entitled to claim free of cost copies of statements of prosecution witnesses and documents tendered in evidence against them — It is legal requirement that prosecution should supply copies of statements of witnesses along with documents which have been and shall be tendered in evidence against them — The judgment of the High Court is modified that only such documents shall be supplied to the accused which are tendered in evidence by prosecution witnesses out of 81 files. State v. Khalique-ur-Rehmanan and 3 others 2001 SCR 362 (A)
error: Content is protected !!