| Citation(s) |
|---|
| 1985 SLD 292 = 1985 PCRLJ 1030 |
Criminal Revision No.96 of 1984, decided on 28th January, 1985.
Fakhruddin H. Shaikh, J
NIAZ MUHAMMAD--Applicant
VERSUS
THE STATE and another--Respondents
Law:
Section:
Sajid Mahmood and respondent No.2 Muhammad Yakoob are facing trial for offence under section 12 of Offences of Zina (Enforcement of Hudood) Ordinance, 1979 (hereinafter referred to as the said Ordinance) in the Court of IX Additional District and Sessions Judge, Karachi. Respondent No.2 Muhammad Yakoob is a boy aged about 16 years, Hence the learned trial Judge ordered that the provisions of Sind Children Act, 1955 shall apply to his case and he shall be tried separately from accused Sajid Mehmood, who was adult. This order was passed by the learned Judge on 8-2-1984. Aggrieved by this order complainant Niaz Ahmed has filed this application under section 439, Cr.P.C. for revision. The plea of the complainant /applicant is that provisions of Sind Children Act, being repugnant to the said Ordinance, shall be deemed to be inoperative to the extent of the repugnancy for the reason that the said Ordinance overrides all other laws.' Section 3 of the said Ordinance reads as under:- "The provisions of this Ordinance shall have effect notwithstanding anything contained in any other law for the time being in force." From the above provisions it is clear that if there is any provision in any other law which is repugnant to the provisions of the said Ordinance, then the provisions of the latter Ordinance shall prevail and provisions A of the other law shall be ineffective or shall be deemed to have been superseded to the extent of repugnancy. There are several provisions of the Sind Children Act, 1955 which are repugnant to the said Ordinance. Sections 66, 68 and 69 are some of such sections which are reproduced hereunder:- "66. submission of information to Probation Officer and Officer in charge of remand home by police after arrest.-- Immediately a ter the arrest of a child, it shall be the duty of the police officer, or any other person affecting the arrest to inform the Probation Officer and officer incharge of the remand home if any; of such arrest in order to enable the said Probation Officer and officer incharge of the remand home to proceed forthwith in obtaining information regarding his antecedents and family…