Law: West Pakistan Criminal Law (Amendment) Act (VII of 1963)

Section: 18, 20

West Pakistan Criminal Law Amendment Act (VII of 1963), Ss. 18 & 20 and West Pakistan Criminal Law Amendment Rules, .r. 20-Expression "any case which has been decided by the Commissioner" in S. 20-Connotation-Accused, S in number, tried by Tribunal and on recommendation of Tribunal, District Magis trate convicting one accused and acquitting others-Convicted accused appealing against his conviction before Commissioner but no appeal filed against acquittal of other accused-Notices issued by Government to acquitted accused in exercise of jurisdic tion under S. 20-Held, without lawful authority because revisional jurisdiction of Government extends only to a case "decided" by Commissioner. The words "a case which has been decided by the Commis sioner" indicate that it should be such a case which he specifi cally decides. The jurisdiction of the Commissioner (so far as relevant for the subject in hand) can be gathered from reading section 18 of the Act as a whole, a case can come before the Commissioner in the form of an appeal at the instance of any party aggrieved, and also, in the form of a reference, "where an accused has been sentenced to imprisonment of more than seven years under section 7 of the Act read with rule 20 of the West Pakistan Criminal Law Amendment Rules, 1963. These provi sions of law, can serve as a guide for finding out, as to what in any given circumstances was the case which the Commis sioner may be said to have been seized of. If, for instance it is an appeal of one convicted accused, then it is the case of that and that accused alone which he will be deciding. When there is no appeal against an acquittal, the case of the acquitted accused will neither be before him and nor will he be deciding the same. If, therefore, certain acquitted persons, against whom no appeal was filed before the Commissioner, and whose case, as such, was not decided by him, are issued any notices by the Government, in exercise of its revisional jurisdiction under section 20 of the Act, the same will be without lawful authority, because the revisional jurisdiction of the Government extends only to such a case which was decided…