Law:

Section:

  Frontier Crimes Regulation (III of 1901)----S. 49 read with S. 11-Reference to Council-of-Elders refused by Deputy Com missioner-Additional Commissioner empowered as Commissioner for purposes of Chap. VI of Regulation competent. to revise order of Deputy Commissioner and to direct reference to Council-of -Elders:   The Additional Commissioner as Commissioner, F. C. R for purposes of Chapter VI, F. C. R., in exercise of powers conferred on him by notification dated the 29th September 1956 made under subsection (1) of section 3 of the British Baluchistan Regulation, 1913, as modified by the British Baluchistan Laws (Amendment) Regulation, read with the first entry in column 4 of Schedule I annexed thereto, relating to the Frontier Crimes Regulation, 1901, has power to refer the cases to Jirga when the Deputy Commissioner had refused to refer them to the Jirga under section 11, F. C. R.   The plain language of section 49, F. C. R., 1901 shows that the Commissioner is authorised to revise any decision, decree, sentence, or order given, passed or made under the Frontier Crimes Regulation. The section is widely worded and is comprehensive in its application. The refusal by the Deputy Commissioner to refer the case to a Council-of-Elders is as much an order under the F. C. R. as an order not to refer the case to a Jirga. The orders in either case are orders under section 11, F. C. R., which are open to revision under section 49, F. C. R.   [Legislation and Gazette Notification exhaustively examined].   Frontier Crimes Regulation (III of 1901)----S. 49-Revisional jurisdiction of Commissioner-Whether proceedings judicial or quasi -judicial-[Dosso v. The State P L D 1958 S C (Pak.) 533, considered and Chargul v. The Commissioner, F. C. R. and others, Writ Petition No. 5 of 1960 ref].   Natural justice----Opportunity of being heard-Hearing does not necessarily mean "personal hearing"-Full and fair oppor tunity of making representation enough.   A personal hearing before deciding a matter is not a necessary requirement of the principle of natural justice. All that is necessary is a full and fair opportunity of making a…