LAHORE - Heading a Full Bench of the Supreme Court, Justice Khalilur Rehman Ramday Wednesday fell critical of the special courts set up in the country under varied nomenclature and said, Constitution does not permit at all their establishment. The Judge said not even the UN charter on Human Rights provides for setting up special courts to try the accused persons while the Constitution of Pakistan on this count, is very much clear that special courts, for whatever purpose and under whatever ground, cannot be created over and above the regular courts. But they have been set up in the country, the judge added sitting on the Bench with Justice Fakir Muhammad Khokhar and Justice Syed Sakhi Hussain Bokhari. The Bench was hearing a case relating to a sectarian incident took place on August 9,1997 in Muzaffargarh in which six persons had lost their lives. The special court hearing the case convicted four persons in the case, two in abstentia for they went absconders. One of the convicts Muhammad Abbas had appealed his sentence before the Supreme Court inter alia contending that the police had recovered seven pistol empties on the spot which had claimed lives in the incident, while admittedly in the investigations, he had been described as holding a klachnikov. It was also argued that the eyewitnesses on the prosecution side although identified the appellant but none had ascribed any role to him in the incident and the prosecution case was also totally silent on this score. The appellant counsel M Asghar Rokheri further argued that under law of the land no trial in absentia could take place. The court did not much entertain the point of in absentia trial on the ground the accused affected the same were not present in appeal before this court. The counsel, also assisted by Miss Firdaus Butt, then drew attention of the court to an important point that the Special Court, anti-terrorism, had totally relied on the confessional statement which the appellant had allegedly made before the police and the High Court had also banked on the same which was contrary to the norms and law. The court took a serious view of the trial court reliance on the statement of the accused made before police and said, this happens in the Special Courts. After hearing the counsel at some length, the court found the appeal calling for reappraisal of the evidence. Granting leave to appeal the court admitted the same to regular hearing.