Law: Central Laws (Statues Reforms) Ordinance (XXI of 1960)

Section: Ss. 3 (1) & 4

(a) Central Laws (Statute Reform) Ordinance (XXI of 1960), Ss. 3 (1) & 4 (2)--Corruption cases Informer Bahawalpur State-- Triable as from 14th October 1955, under Prevention of Corruption Act (11 of 1947) and not under Bahawalpur Prevention of Corrup tion Act (V of 1950)   Held, that the Legislature has clearly replaced the Bahawalpur Prevention of Corruption Act (V of 1950) by the Prevention of Corruption Act (11 of 1947) from the date the Bahawalpur State was merged into the Province of West Pakistan, i.e., the 14th of October 1955.   The prosecution of an accused, who was alleged to have accepted a bribe on 19-12-1956, under section 5(2), Prevention of Corruption Act (II of 1947), was therefore in order.   The act of the accused was punishable under an analogous law, the provisions of which are almost identical with Act II of 1947. The mere fact that there were no Special Judges appointed in Bahawalpur area at the time of the commission of the offence would not, in any way, give a right to the accused, to claim the trial by the ordinary criminal Court.   The intention of the Legislature as enacted by sections 3 and 4 of the Central Laws (Statute Reform) Ordinance, 1960, is that the Bahawalpur Prevention of Corruption Act (V of 1950), which has the corresponding provisions of Act II of 1947, shall stand repealed from the 14th day of October 1955 and replaced from that date by Act 11 of 1947.   The right claimed by the accused that he should have been tried by the ordinary criminal Courts fundamentally relates to proce dure and according to well-established principle of interpretation, the accused is not entitled to such a right   Maxwell on Interpretation of Statutes 10th Ed. p. 225 and The State v. Said Ahmad P L D 1957 B J 1 considered.   Criminal Procedure Code (V of 1898), S. 537-Case of corruption tried by Special Judge on transfer of case from A. D. M.'s Court-Transfer irregular-Accused not objecting to trial before Special Judge-Irregularity covered by S. 537-Trial not vitiated.   Corruption case-Defence-Special Judge proceeding to examine accused over again, after arguments and before pronouncing…