Law: West Pakistan Control of Goondas Ordinance (XXXV of 1959)

Section: 19

(a) West Pakistan Control of Goondas Ordinance (XXXV of 1959) S. 19-High Court, jurisdiction of-Proceeding against petitioner pending and no final order passed-High Court's jurisdiction, held, barred till order passed. (b) Criminal Procedure Code (V of 1898) Ss. 1(2), 5 & 561 .A read with West Pakistan Control of Goondas Ordinance (XXXV of 1959), Ss. 10, 16 & 24-High Court, jurisdiction of-Preventive proceedings instituted against petitioner under Ordinance-Provisions of Criminal Procedure ~Code not applicable to .such proceedings. Section 10 of the West Pakistan Control of Goondas Ordinance, 1959 enacts that the Tribunal shall follow the procedure prescribed in the Criminal Procedure Code for conducting trials and recording evidence, but subject to the provisions of the Ordinance. The very fact that express provision was made in this respect implies that the provisions of the Criminal Procedure Code were not applicable to the Ordinance. There is therefore nothing in the Ordinance to support the argument that the High Court has jurisdiction under section 561-A, Cr. P. C. to proceedings in the Ordinance; on the contrary, in the circumstances stated, the provisions of the Criminal Procedure Code would not be applicable to proceedings under the Ordinance in view of the provisions of subsection (2) of section 1 and section 5 of the criminal Procedure Code. Sher Muhammad v. The State P L D 1965 Kar. 61; Criminal Transfer Application No. 296 of 1956 ; Gahina v. The State P L D 1968 Lah. 1266 and Ali Sher Sarki v. The State and another 1968 P Cr. L,J 264 distinguished. Gahina v.. The State P L D 1968 Lah. 1266 rel. ORDER Proceedings under section 13 of the West Pakistan Control of Goondas Ordinance, 1959 (hereafter called the said Ordinance) have been instituted against him. Shahdadpur but no final orders have been passed against him. According to the petitioner these proceedings therefore, he filed a revision application under the Ordinance read with section 561-A, Cr. P. C. 1969 the petitioner filed an amended application, which has now come up for hearing before me. 2. The petitioner has appeared in person and advanced only two legal objections to the…