Law: Constitution of Pakistan, 1973

Section: 199

Law: Pakistan Rangers Ordinance, 1959

Section: 20

Law: General Clauses Act (X of 1897)

Section: 24

Constitution of Pakistan (1973)  Art. 199 read with West Pakistan Rangers Ordinance (XIV of 1959), S. 20 and President's Order (19 of 1972), para. 2 (a) & (b) and General Clauses Act (X of 1897), S. 24RangersTransfer of control and administration from Provincial Government to Central GovernmentJurisdiction of Commandant exercising powers of a MagistrateProvisions of S. 20 of Ordinance XIV of 1959 being in consistent with para. 2 (a) & (6) of President's Order (19 of 1972) previous notification issued by Provincial Government conferring Magisterial powers on respondent, held, ceased to remain in force Proceedings against petitioner taken by respondent being without jurisdiction, set aside, in circumstances. [Vires of Legislation]. Date of hearing : 17th September, 1979.                                                                                                                                      JUDGMENT This judgment will also disclose of Writ Petition No. 5517 of 1978 and Writ Petition No, 5518 of 1978 as similar questions of law and facts are involved in all the cases. 2. In the first writ petition Khushal Khan Kiani, the petitioner who is serving as Inspector in Chenab Rangers at Sialkot has been directed to be tried by respondent No. 1, Commandant Chenab Rangers, Sialkot enjoying the powers of Magistrate 1st Class under section 14 (M) of West Pakistan Rangers Ordinance XIV of 1959. The trial against him was started on 8th of June, 1978 when he objected to the jurisdiction of respondent No. 1 to try him on the ground that he had not been invested with the Magisterial powers by the Central Government as contemplated by President's Order 19 of 1972. This objection was however, overruled by the respondent on 9th of July, 1978 who decided to proceed against him on 5th of July, 1978. The petitioner has…