| Citation(s) |
|---|
| 1972 SLG 28 1972 SLD 28 = 1972 PLD 1 |
Supreme Court of Pakistan
Criminal Appeals Nos. 2 and 3 of 1911, decision dated: 4thNovember 1971. (On appeals from the judgments and orders ofthe Lahore High Court, Lahore, dated the 4th June 1970, inCriminal Appeals Nos. 710 and 711 of 1969, respectively)
HAMOODUR RAHMAN, C.J., SAJJAD AHMAD AND M. R. KHAN, JJ
Criminal Appeals Nos. 2 and 3 of 1911, decision dated: 4thNovember 1971. (On appeals from the judgments and orders ofthe Lahore High Court, Lahore, dated the 4th June 1970, inCriminal Appeals Nos. 710 and 711 of 1969, respectively)
HAMOODUR RAHMAN, C.J., SAJJAD AHMAD AND M. R. KHAN, JJ
Criminal Appeal No. 2 of 1971KRISHNAvsTHE STATECriminal Appeal No. 3 of 1971MADAN LAL alias JAN MASIH-vsTHE STATE
Law: Enemy Agents Ordinance, 1943
Section: 3, 5, 9 & 14
Law: Constitution of Pakistan, 1962
Section: 58
Law: Official Secrets Act, 1923
Section: 3
Enemy Agents Ordinance, 1943, Ss. 3, 5, 9 & 14 and Constitution of Pakistan (1962), Art. 58- Special Judge and Reviewing Authority appointed under Ss. 5 & 9 respectively, of Ordinance---Persona designata and not Court-Reviewing Authority under S. 9, although a Judge of High Court in Pakistan, does not act as "a Judge of High Court" and no appeal to Supreme Court under Art. 58 of Constitution competent against decision of such Reviewing----Authority appointed eo nomine by Government as a persona designate-Official Secrets Act (XIX of 1923), S. 3.Two persons were tried and convicted both under section 3, official Secrets Act, 1923 and section 3, Enemy Agents Ordinance, 1943. The Reviewing Authority appointed under section 9 of the Ordinance, affirmed the conviction. Appeals were filed in the Supreme Court against order of the Reviewing Authority. Objections were raised to the competency of the appeals. It was urged that the Reviewing Authority finder section 9 of tile Ordinance was merely a persona designata whose order did not fall within the ambit of Article 58 of the Constitution.Held: The provisions of sections 5, 9 and 14 of the Enemy Agents Ordinance, 1943, make it clear that the jurisdiction of the Special Judge and the Reviewing Authority are exclusive jurisdictions and the Reviewing Authority, although he must be Judge of a High Court in Pakistan, is appointed by name and doe9 not act as "a Judge of that High Court". The jurisdiction which such an appointed Judge exercises under the Ordinance is not, therefore, the jurisdiction of a High Court Judge but the special jurisdiction given to him eo nomine under the Ordinance. He is thus in every respect a persona designata. The judgeship is merely the qualification for appointment under the section S of the Ordinance. Neither the Special Judge nor the Reviewing Authority- is -a Court in the sense that the term has been used in the Criminal Procedure Code nor can the High Court claim to exercise any jurisdiction over either the Special Judge or the Reviewing Authority save perhaps under Article 98 of the 1962-Constitution, but that it can do even in the case of deci�sions of non-judicial or…