Law:

Section:

West Pakistan Control of Goondas Ordinance (XXXY of 1959), Ss. 13, 14 & 25-Person once declared goonda and his name placed on prescribed list of goondas-Cannot be arrayed second time under S. 13 for being declared goonda over again unless his name had been ordered to be removed under S. 25-Nor a fortiorari a second order under S. 14 be passed. There is only one section in the West Pakistan Control of Goondas Ordinance, 1959, which deals with declaration of Goondas, and that is section 13. The power of the Tribunal is to declare a person as goonda and to direct that his name be publicly notified in the prescribed manner, and be placed on the prescribed list of goondas if the Tribunal is satisfied, as a result of an enquiry held under this Ordinance, that the person complained against indulges in one of the acts mentioned in the section itself. The net result of the satisfaction of the Tribunal is that a person is "declared a goonda". Once such a declaration is made, and so long as it remains in force, there could be no justification for the presentation of another application for his being declared a goonda all over again. There could be no basis or jurisdiction for a second application for a declaration under section 13 during the subsistence of the first declaration. Similarly a further order under section 14 of the Ordinance is not provided for. It is open to the Tribunal, while taking action under section 13, to pass an order under section 14 also whereafter it becomes functus officio for the purposes of section 14. It cannot, there fore, take any action under section 14 at any point of time after that. Date of hearing : 11th June 1969. JUDGMENT MUSHTAQ HUSSAIN; J.-The petitioner, Mst. Kaniz Fatima alias Azra alias Thanedarni, was arrayed before the District Tribunal, Lahore, under the West Pakistan (Control of Goondas) Ordinance, 1959, which by its order, dated the 15th of October 1963, declared her to be a Goonda, besides imposing some restrictions upon her under section 14(d) and (e) of the West Pakistan Control of Goondas Ordinance, 1959, and required her to furnish a security in ;he amount of Rs. 2,000 with one surety and a personal bond…