Law: Frontier Crimes Regulation (III of 1901)

Section:

Frontier Crimes Regulation (III of 1901)---S.50-"Unless he (Commissioner) is of opinion"-No "formal" expression of requisite opinion necessary-Enough, if Commissioner's order shows that he had formed an opinion-Inadequacy of inquiry can in law amount to `material irregularity or defect" in proceedings-High Court in exercise of writ jurisdiction will not substitute its own opinion for opinion of Commissioner re inadequacy of inquiry Constitution of Pakistan (1956), Art 170.   Held, that there is nothing in section 50, Frontier Crimes Regulation, 1901 which can or should be construed as a mandatory provision that the Commissioner must express the requisite opinion totidem verbis : it is sufficient if a fair reading of his order makes it clear that he has in fact formed the necessary opinion.   Inadequacy of inquiry can in law amount to material irregularity or defect in proceedings.   Whether the Jirga made sufficient or insufficient inquiry is a question of fact beyond the reach of the High Court exercising its writ jurisdiction. The statute has left the matter to the opinion of the Commissioner, and there is nothing in the language of the section or in the subject-matter to which it relates upon which to found the suggestion that the opinion of the Commissioner is to be subject to objective tests.   Hubli Electricity v. Province of Bombay P L D 194 P C 295 and Samundar v. Crown P L D 1954 F C 228 ref   Writ Petition 35 of 1961 (Peshawar) unreported, considered.   Date of hearing : 24th October 1961.   JUDGMENT   CONSTANTINE J.----The petitioner was tried by a Jirga for murdering his wife by poison. The Jirga's verdict of acquittal was accepted by the Deputy Commissioner, but in revision the Commissioner passed the following order dated 16-11-1961:   "I have perused the record. The Jirga have examined only the parents (father and mother) of the deceased and they have both charged Firdaus and Faqir for the murder of their daugh ter. The three D.Ws. examined by the Jirga have stated that the accused are innocent. The Jirga on the basis of only this much enquiry held the accused…