Law: West Pakistan Criminal Law (Amendment) Act (VII of 1963)

Section: 3

(On appeal from the order of the High Court of West Pakistan, Peshawar Bench, Peshawar, dated the 1st October 1969, in Writ Petition No. 243 of 1969).   West Pakistan Criminal Law Amendment Act (VII of 1963) S. 3-Whether case can be withdrawn from ordinary criminal Court arid referred to tribunal constituted tinder West Pakistan Criminal Law Amendment Act, 1963 on ground that in view of circumstances of case evidence for prosecution may not be believed by an ordinary Court-Leave to appeal granted by Supreme Count to consider question-Constitution of Pakistan (1962), Art. 58 (3). Date of hearing : 28th March 1970. ORDER M. R. KHAN, J.-On the 13th January 1966 Fazal Dad lodged an F. I. R. stating that the present petitioners set fire to chhappar of his brothers, Awal Dad and Hassan Dad at night and :that as they came' out of the chhappar, the petitioners, who had been armed with guns, fired shots at Awal Dad and Hassan Dad which hit them. The chhappar was destroyed by fire. The petitioners were challaned under sections 307 and 436, P. P. C. The Court of inquiry examined some witnesses including the informant, the injured Awal Dad and Hassan Dacand the Medical Officer. Before the conclusion of the inquiry, the case was withdrawn at the instance of the prosecution and the Commissioner, Peshawar Division was moved to refer the case to a tribunal constituted finder the West Pakistan Criminal Law (Amendment) Act, 1963. The Commissioner, by his order dated 14-3-1968, referred the case to such tribunal. The petitioners then filed an appeal against the reference made by the Commissioner, but it was dismissed by the Home Secretary to the Government of West Pakistan by his order dated 14-6-1969. Thereafter, the petitioners made a writ petition in the High Court of West Pakistan, Peshawar Bench, for setting aside the orders of the Commissioner and the Home Secretary and for a direction that the petitioners should be tried by the…