| Citation(s) |
|---|
| 1962 SLG 3089 = 1962 SLD 3089 = 1962 PLD 878 |
Lahore High Court
Criminal Miscellaneous No. 994 of 1962, decided on 11th June 1962.
Presented By: Shabir Ahmed and Anwarul Haq, JJ
Aziz Ahmad Bajwa and M. A. Bajwa for Petitioner. M. Anwar, Advocate-General for
Respondent. Dates of hearing : 21st, 22nd and 23rd May 1962.
Criminal Miscellaneous No. 994 of 1962, decided on 11th June 1962.
Presented By: Shabir Ahmed and Anwarul Haq, JJ
Aziz Ahmad Bajwa and M. A. Bajwa for Petitioner. M. Anwar, Advocate-General for
Respondent. Dates of hearing : 21st, 22nd and 23rd May 1962.
MASUD AHMAD-Petitioner
VERSUS
THE STATE-Respondent
Law:
Section:
Frontier Crimes Regulation (West Pakistan Amendment) Ordinance (XII of 1962)-A valid piece of legislation. Laws (Continuance in Force) Order [President's Post --Proclamation Order No. I of 1958], Art. 5 (2)-Preamble to an Ordinance indicating that it was issued on direction of President-- Governor need not mention necessity of promulgating Ordinance -Constitution of Pakistan (1956), Art. 102. Frontier Crimes Regulation (III of 1901) [as amended by Frontier Crimes Regulation (Amendment) Ordinance (VIII of 1962), and frontier Crimes Regulation (West Pakistan Amendment) Ordinance (Xll of 1962), S.1 (3)- West Pakistan Government Notification No. Judl.-I-1 (5)/62 dated 19-4-62, Sch. B, clause (4) Word "committed"-Can be construed as "alleged to have been committed". Notification-Whether canons of interpretation for notifica tion be assumed to be same as those that apply to interpretation of statutes. Interpretation of Statutes-Courts to presume that absurdity was not intended by law-makers. Frontier Crimes Regulation (III of 1901), S. 1 (4) & (5), Explanation-Provisions do not militate against Government creating a class of persons of an unusual type for purpose of Regulation "--Persons" mentioned in clause 4 of Sch. B to West Pakistan Government Notification No. Judl-I-1 (5)/62 dated 19-4-62 such a "class of persons". Frontier Crimes Regulation (III of 1901), S. 14-Offence committed before application of Regulation to an area-Can be withdrawn from ordinary Criminal Courts and referred to Council-of-Elders provided proceedings before Criminal Court have not gone beyond stages mentione3 in S. 14. Frontier Crimes Regulation (III of 1901), S. 11-Deputy Commissioner consulting Commissioner before making reference-- Reference not rendered invalid thereby. Mala fide-A question of fact requiring proof to support finding to that effect-Order of higher authority attacked as ma1a fide-Stronger proof required for accepting plea of bad faith. Mian Iftikhar-ud-Din etc. v. Muhammad Sarfraz and others P L D 1961 Lah. 842 and Mian Iftikhar-ud-Din v. Muhammad Sarfraz…