Law: Frontier Crimes Regulation (III of 1901)

Section: S. 49 read with S 11

(a) Frontier Crimes Regulation (111 of 1901), S. 49 read with S 11-Revision--- `Finality" of Commissioner's order-Com missioner- refusing to accept mere "recommendation" of Deputy Commissioner that case be referred to Jirga-Such refusal not to be deemed to be "final"-Commissioner not debarred subsequently from agreeing to reference - "Recommendation" not same as "order" of Deputy Commissioner.   Frontier Crimes Regulation (III of 1901), S. 11-West Pakistan Government letterNo. Judl-I-1 (6)/60 dated 7-5-60, held not happily worded and held fettering discretion of Deputy Com missioner - Letters seeking advice and those giving advice in matter of reference - Not to be made part of judicial record.   Frontier Crimes Regulation (III of 1901), S. 11-Members of Arga can be appointed from outside the district.   JUDGMENT   M. R. KAYANI, C. J.--On the 22nd of January 1960, there was firing between the parties near the village Gulmaira, which is a banda of Lundkhwar. Two persons were injured on the com plainant's side and a stranger, Ghulam Qadir, who belonged to neither party, was killed. The party to which the petitioner, Muhammad Akbar Khan, belongs was prosecuted under section 302, P, P. C. and the opposite-party under section 307 P. P. C.   On the 25th of August 1960, the Prosecuting Sub-Inspector conducting the casebefore the enquiry Magistrate informed him that he was recommending them for Jirga trial. The files were accordingly sent to the District Magistrate, but the fact that the were received back on the 14th of October 19(0, and that the inquiries were continued indicates that the Deputy Commissioner did not agree to witrdraw the cases from the ordinary Court.   On the 24th (sic) of January 1961, however, the Deputy Commissioner recommended to the Commissioner that he may be allowed to refer these cases to Jirga. The Commissioner, acting on the recommendation of the Additional AdvocateGeneral, replied that they should be tried judicially.   On the 15th of February 1961, the Home Secretary to Government, forwarding twoapplications made by Mr. Ghulam Muhammad Khan Lundkhwar,…