Law:

Section:

(a) Criminal Procedure Code (V of 1898), S. 410 read with High Court Rules and Orders (Lahore), Vol. V, Chap. III-B, r. 1(19)-Section 410, Cr. P. C. gives jurisdiction to High Court to hear appeals against conviction-Jurisdiction of High Court could be performed by Single Judge or Division Bench of the Court-Rules framed by High Court by virtue of provisions of S. 554(2)(c), Cr. P. C., Government of India Acts, Letters Patent (Lahore) and Constitution of Pakistan (1962), Art. 101--Designed to lay down manner in which High Court proposes to exercise its jurisdiction-No litigant can claim that his appeal or matter should be heard by a Bench constituted In particular manner or by a Bench consisting of particular number of Judges-Rules framed by High Court, no doubt, have the force of law and have ordinarily to be followed-However, if by inadvertence or mistake something is done which is not in accordance with rule such thing is not necessarily void-Appeal against conviction and sentence of death or transportation for life inadvertently disposed of 6y a Single Judge Instead of by a Division Bench as required under r. 1(19), Chap. III-B, Vol. V, High Court Rules and Orders (Lahore)-Held, proceeding before Single Judge, though irregular, was not without jurisdiction or coram non judice. In exercise of the powers conferred upon It by the Govern­ment of India Acts (beginning with section 108 of the Act of 1915) and by the Letters Patent granted to the High Court of judicature at Lahore in 1919, the High Court of Lahore had framed rule 1(19);x) of Chap. III, in Vol. V of the High Court Rules and Orders providing that all appeals involving sentence of death and transportation for life should be heard by a Bench other than a Single Bench. Subsequently by Correction Slip No. 173 a change was introduced on 3-1-66 confining opera­tion of the said rule to cases involving death sentence only this correction, however, was short lived and the original position was reverted to by Correction Slip No. 180 on 21-10-67. Unfortunately the information regarding the latest change did not reach the office of the Registrar until 12-3-68 with the result that during this period appeals…

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