Law: Punjab Control of Goondas Act, (XIV of 1951)

Section: S. 3

Punjab Control of Goondas Act (XIV of 1951), S. 3--Proceedings instituted under' Act-Continuation after repeal of Act by West Pakistan Control of Goondas Ordinance (XXXV of 1959)-West Pakistan General Clauses Act (VI of 1956), S. 4 (1) (e).   Muhammad Bashir v. The Province of West Pakistan and another P L D 1958 Lah. 853 and Shafiq Ahmad v. State P L D 1959 Lah. 420 ref.   Karim Shah v. Mst. Zinat Bibi 195 I C 304 and Sugni Chand Davaram Jatwani v. Pakistan and another P L D 1961 S C 523 ref.   JUDGMENT   This order will dispose of Criminal Revision Nos. 698, 699 of 1960, 726, 729 and 730 of 1961. The petitioners in all these cases have been dealt with by the District Tribunal of Gujrat and each of them ordered to execute a bond in the sum of Rs. 5;000 with two sureties to be of good behaviour for periods specified in each case.   The main contention put forward by Mr. Zafar Ali Quresfhi, the learned counsel forthe petitioners, is that the orders passed in these cases are illegal and without jurisdiction for the reason that under the Ordinance of 1959, the District Tribunal was to consist oily of the District Magistrate, whereas in the present cases the orders have been passed by a Tribunal consisting of the District Magistrate and the Superintendent of Police.   The Punjab Control of Goondas Act, 1951 was repealed on the 4th of June 1959, byOrdinance XXXV of 1959 and under section 2 of the Ordinance the District Tribunal is to consist only of the District Magistrate, as against the Tribunal under the old Act which comprised the District Magistrate as well as the Super intendent of Police of the district. Proceedings in all these cases were instituted before the repeal of the 1951 Act but the orders have been passed after the repeal i.e., when the Ordin:xnce had come into force. The question is whether these pending proceed ings were to be governed by the old Act under which they were instituted or by the new Ordinance.   I think the answer to this question is provided by clause (e) of subsection (1) ofsection 4 of the West Pakistan General Clauses Act, I S56, which is analogous to clause (e) of section 6 of the General…