Law: Frontier Crimes Regulation (III of 1901)

Section: S. 11 (3) (d)

Frontier Crimes Regulation (III of 1901), S. 11 (3) (d)---Murder of "Siahkar" woman or man-Jirga finding that accused was murderer, but recommending acquittal in accordance with tribal custom-District Magistrate not bound by such recommendationConviction recorded by District Magistrate and confirmed in revision by Commissioner, upheld by High Court-Writ petition--- Constitution of Pakistan (1956), Art. 170.   Upon the finding of a Jirga that the accused were the murderers, but that the deceased being "Siahkar" (unchaste), the murderers be acquitted in accordance with the Baluchistan tribal custom; the District Magistrate, disregarding the recommendation as to acquittal, convicted the accused and sentenced them to a term of imprisonment:   Held (on accused's writ petition), that the District Magistrate by proceeding in this manner had not departed in any way from the provisions of section 11, F. C. R.   Section 11 does not lay down that the cases referred to the Jirga are to be decided In accordance with the customary law. On the contrary the offences committed by the accused persons, on the finding of facts of the Jirga, are to be determined according to the ordinary law of the land.   The District Magistrate's power to convict an accused on coming to the conclusion that the facts proved before the Arga disclose that h e has committed an offence is not subject to the advice of the Council-of-Elders.     The contention that the recommendation of the Jirga to acquit the accused was a finding of fact was without substance. It was merely an advice, which the District Magistrate was not bound to follow.   Considering the nature of the offences found to have been committed by the accused, the District Magistrate was fully justified in not accepting the advice of the Jirga.   Manual of Customary Law for Baluchistan (192) p. 137 ; Circular Order of Agent to the Governor-General arid Chief Commissioner in Baluchistan, dated 3rd September 1912 ; Manual of Customary Law for Baluchistan p. 224 para. 11 and Circular issued by the Agent to the Governor-General (1892). JUDGMENT   This judgment will…