Law: Constitution of Pakistan, 1962

Section: , Art. 58 (3).

(On appeal against the judgment and order of the High Court of West Pakistan, Lahore, dated the 21st June, 1962, in Criminal Miscellaneous: (sic) 1n Criminal Appeal No. 368 of 1962).   Special leave to appeal to Supreme Court-----"Full" arguments heard at stage of grant of leave-Urgency of early decision Constitution of Pakistan (1962), Art. 58 (3).   Appellate Jurisdiction (High Courts and Supreme Court) Ordinance (L of 1962)----- S. 2-Abolition of jurisdiction of Division Bench of High Court to hear appeals from judgments of single Judge of such Court-Provision does not apply to criminal appeals preferred under S. 411-A, Criminal Procedure Code-Drafting of S. 2 "open to serious criticism"-East Pakistan High Court Order (4 of 1947)-West Pakistan High Court Order (19 of 1955)-Letters Patent (High Court of East Pakistan), cl. 15-Letters Patent (High Court of West Pakistan), cl. 10-Mention of, in S. 2 of Ordinance L of 1962-Omission to mention S. 411-A, Criminal Procedure Code (V of 1898)-Whether of significance-Jurisdiction of superior Court not deemed to have been abolished unless words used are clear and unambiguous.  .JUDGMENT   B. Z. KAIKAUS, J.------This judgment will dispose of a petition for special leave filed by Syed Ali Nawaz Gardezi against the order of the High Court of West Pakistan holding that it had jurisdiction to hear the appeal filed by Lt. Colonel Muhammad Yusuf Khan under section 411-A of the Criminal Procedure Code against his conviction under sections 497 and 498 of the Pakistan Penal Code by Mr. Justice Shabir Ahmad in spite of the promulgation of the Central Ordinance L of 1962, dated the 7th June, 1962. The question raised was one of importance and the case may well have been heard after leave to appeal was granted, but in view of the fact that the appeal filed by Lt. Colonel Muhammad Yusuf Khan respondent had already been fully argued before a Full Bench of the High Court and l delay in its disposal was undesirable we thought it proper to hear a full argument at the stage of grant of leave.   Central Ordinance L of 1962 came into force on the 7th of June, 1962. At the time when it was…