Law:

Section:

(a) West Pakistan Criminal Law (Amendment) Act (VII of 1963)---Ss. 3 & 2S-Words `proceedings under this Act" in S. 25 Comprehensiva enough to include stage at which Commissioner has got to make up his mind under S. 3 to refer case to Tribunal Right of hearing consequently accrues to accused before Commis sioner can pass order of reference under S. 3-[Rahmatullah Khan and others v. State P L D 1965 Pesh. 162 overruled].   In a number of writ petitions pending before the High Court a Full Bench was constituted to consider the question whether under the West Pakistan Criminal Law (Amendment) Act, 1963 it is necessary for the Commissioner to hear the accused before passing an order of reference under section 3 of the Act. How ever at the hearing it transpired that in the meantime another Full Bench of three Judges at Peshawar had already given its decision on the same question separately laid before it in Rahmat ullah Khan and others v. State P L D 1965 Pesh. 162. It was, therefore, considered advisable to constitute a larger Bench to give a more authoritative pronouncement in the matter. Consequently a larger Bench comprising of five Judges was constituted to answer the question:   "Whether on a true interpretation of section 25 of the West Pakistan Criminal Law Amendment) Act, 1963 the accused person has a right to be represented before the Commissioner at the stage at which the Commissioner has to make up his mind to refer the case to the Tribunal in the exercise of the powers vested in him under section 3 of the Act?"   The question referred was answered by the Bench in the affir mative and it was held that under section 25 of the West Pakistan Criminal Law (Amendment) Act, 1963 the accused person has a right to be represented before the Commissioner while he is con sidering the question of referring a case for trial by the Tribunal. The reasons given by the Bench in support of its conclusion are as follows:   "A `proceeding' would include every step taken towards the further progress of a cause in Court or before a tribunal, where it may be pending. It is the step towards the objective to be achieved, say for…