| Citation(s) |
|---|
| 1962 SLG 2732 = 1962 SLD 2732 = 1962 PLD 140 |
Quetta High Court
Writ Petition No. 17 of 1962, decided on 4th September 1962.
Presented By: Jamil Husain Rizvi, J
Qazi Muhammad Isa for Petitioner. Abdul Qadir A. A. G. for
Respondents 1, 2. Date of hearing : 31st August 1962.
Writ Petition No. 17 of 1962, decided on 4th September 1962.
Presented By: Jamil Husain Rizvi, J
Qazi Muhammad Isa for Petitioner. Abdul Qadir A. A. G. for
Respondents 1, 2. Date of hearing : 31st August 1962.
AMIRHAN-Petitioner
VERSUS
THE COMMISSIONER, QUETTA DIVISION AND OTHERS-Opposite-party
Law: Frontier Crimes Regulation (III of 1901)
Section: S. 41
Frontier Crimes Regulation (III of 1901), S. 41-"Fac tion"-May consist of "subsections" of a tribe or of several tribes-- [Words and Phrases]. Frontier Crimes Regulation (111 of 1901), S. 41-Total amount of surety bondRecommended by Jirga to be recovered from particular subsection of tribe to which the offender belonged ---Recommendation not accepted by District Magistrate - Order, requiring recovery from all subsections, held, legal. Frontier Crimes Regulations (III of 1901), Ss. 12, 49 & 62 Deputy Commissioner (or Commissioner) acts "administratively in convicting offenders (or in hearing Revisions from convictions) Regulation does not contemplate appearance of Pleaders-Deputy Commissioner and Commissioner act as persona designate and not as judicial officers-Constitution of Pakistan (1962), Principle of Law making No. 8 (d)(Appearance of Pleaders for persons arrested) Provision applies to proceedings in Courts and not to proceedings under Frontier Crimes Regulation (111 of 1901)Criminal Procedure Code (V of 1898), S. 340-No Common Law right to be represented by Pleader in "all proceedings"-Statute to be referred to find out whether such a right has in fact been bestowed-[Imperator v. Tawakali 4 Sind L R 49 ; T. Rajagopala Ayyangar v. Collector of Salt Revenue A I R 1937 Mad. 735 ; Mst. Amir Begum v. Umar Din and others P L D 1961 Lah. 360 ; The Queen v. Mansel Jones (1889) 23 Q B D 29 ; In re Prince Balucher Ex parte Delator (1931) 2 Ch. Div. 70 and Samundar v. The Crown P L D 1954 F C 228 ref. ; Chargul v. The Commissioner, F. C. R, Quetta and another P L D 1962 Quetta 15 ; Chief Commissioner, Karachi v. Mrs. Dina Sohrab Katrak P L D 1959 S C (Pak.) 45 ; Messrs Faridsons Ltd. etc. v. Government of Pakistan etc. P L D 1961 S C 537 ; Khair Muhammad Khan and others v. The Government of West Pakistan P L D 1956 Lah. 668 and Mehrab Khan v. Taj Muhammad P L D 1961 Quetta 1 distinguished. JUDGMENT This is a petition praying for the quashing of the order of the Commissioner, Quetta, passed on the 17th of July 1962 in the following circumstances. Abdul Ghani caste Zarkoon, resident of…