Law: Karachi Control of Disorderly Persons Act (XXIX of 1952)

Section: 5(b)

(a) Karachi Control of Disorderly Persons Act (XXIX of 1952)-Sind Control of Goondas Act (XXVIIl of 1952)-Acts not bad as discriminatory under Art. 5. Constitatron of Pakistan.   Held that the Karachi Control of Disorderly Persons Act (XXIX of 1952) and the Sind Control of Goondas Act (XXVIII of 1952) are not bad as discriminatory under Article 5 of the Constitution.   The classification implied in the two Acts is a reasonable one and bears a fair and substantial relation to the objects of the two enactments because the objects, procedures and the resultant consequences are different in the case of the ordinary or general laws as compared with the two Acts.   The protection meant to be afforded to society by these enactments is different from the protection aimed at by the P. P. C., or Criminal P. C.   The ordinary law namely P. P. C. and Criminal P. C., is content with dealing with crime, their punishment and prevention, but these Acts aim at protecting society against unrestrained indulgence in turbulence or revelry and at creat ing an atmosphere of peace and security which is the result of orderliness of behaviour. These special laws do not deal with those persons only who commit some of those acts which are dealt with by the Pakistan Penal Code and Code of Cri minal Procedure but they also deal with persons who indulge in practices which in a large measure are not dealt with by' the general laws.   Bazal Ahmad Ayyubi v. The West Pakistan Province P L D 1957 Lah. 388 ; Saurashtra's case A I R 1952 S C 123 ; A. K. Gopalan v. State of Madras A I R 1950 S C 27 at 45 ; Jibendra Kishore's case P L D 1957 S C (Pak.) Sand Way-is Meah v. The State and the State Bank of Pakistan P L D 1957 S C (Pak.) 157 ref.   Deodat Rai and others v. State A I R 1951 All. 718 dis tinguished.   (b) Karachi Control of Disorderly Persons Act (XXIX of 1952), S. 5 (b)-Evidence by affidavit-Not inadmissible.   Section 5 (b) of the Karachi Control of Disorderly Persons Act (XXIX of 1952) is not invalid for providing that evidence may be accepted on affidavit.   Ordinarily the denial of the right of cross-examination would make the…