Law: Pakistan Criminal Law Amendment Act, (XIX of 1948)

Section: 2(a),S(S)

  Pakistan Criminal Law Amendment Act (XIX of 1948)   Ss. 2 (a) & S (S)-Words "Serving in connection with the affairs of the Federation" in S. 2 (a)-Whether must be interpreted as relating to date on which sanction under S. S (S) is given and not the date of offence.   The sanction for prosecution of a public servant was given under section 5 (5) by the Government when the public servant was no longer in the service of the Central Government. With reference to section 5 (5) and section 2 (a) of the Pakistan Criminal Law Amendment Act, 1948, it was urged that the words "serving in connection with the affairs of the Federation" must be interpreted as relating to the date on which the sanction is given, and not the date of the offence.   Held, that when framing the Pakistan Criminal Law Amendment Act (XIX of 1948) the Legislature appeared to have overlooked the possibility that the alleged offender might be serving one Government at the time of the commission of the offence and another at the time of the granting of the sanction, but the plain meaning of section 2 (a) read with section 5 (5) was that the Government by which the sanction was to be granted was that under which the person concerned was serving at the time the alleged offence was committed.   Rangachari v. Secretary of State A I R 1937 P C 27 ref.   Date of hearing : 31st March 1959.   JUDGMENT   ORTCHESON, J.-This is a writ petition by Mr. Hamed Ghulam Sadik against (1) Pakistan, through the Secretary, Ministry of Interior, (2) Pakistan, through the Secretary, Ministry of Food and Agriculture, (3) Mr. Mushtaq Ahmad Cheema, C. S. P., Deputy Secretary, Ministry of Agriculture, (4) The Establishment Secretary, Cabinet Secretariat, Government of Pakistan. Karachi.   The main relief sought is a writ of certiorari quashing the proceedings pending before the Special Judge, Karachi. As the petition was filed before the introduction of Martial Law, the petitioner has also asked for the issue of any other appro priate order or direction. It is further prayed that respondent No. 3 be called upon to produce "the relevant record of the…