Law: West Pakistan Control of Goondas Ordinance (XXXV of 1959)

Section: 19,8,16

West Pakistan Control of Goondas Ordinance (XXXV of 1959)-----Purpose-Discretion of Tribunal under Ordinance-Whether unfettered.   Control of the activities of a person, vis-a-vis the accusations against him, is a relative term, and the purpose of the West Pakistan Control of Goondas Ordinance, 1959, is not only to control crime but also to control the activities of persons suspected of indulging in this crime in a summary and direct manner. If the contention that the Tribunal has unfettered discretion in the Ordinance of this kind, keeping out of the purview of normal Courts, is accepted, some of its acts are nevertheless subject to revision of the High Court as under section 19 of the Ordinance. The discretion exercised, therefore, must be such as is vested in a Tribunal by law, and it must be shown that it has either failed to exercise the jurisdiction so vested in it, or has acted in the exercise of its jurisdiction illegally.   West Pakistan Control of Goondas Ordinance (XXXV of 1959)---S. 19-Tribunal imposing subsequently a condition that sureties must be from place of residence of accused - Amounts to revision of original order-Order of Tribunal, held, without jurisdiction and hence illegal-West Pakistan Control of Goondas Ordinance (XXXV of 1959), Ss. 8 & 16.   On a complaint under sections 13 and 14 of the West Pakistan Control of Goondas Ordinance, 1959, the accused was arrested under warrants issued by the Tribunal, under section 6 of the Ordinance. Thereafter the Tribunal passed an order on 13-2-1964, ordering the release of the accused on the condition of his furnishing bonds in the sums of Rs. 50,000 and Rs. 1,00,000 with sureties for appearance before the Tribunal and for keeping good behaviour respectively. However, on the appeal of the accused, the Commissioner found the amounts of sureties unduly excessive and reduced the amounts to Rs. 10,000 and Rs. 20,000 respectively. The accused offered the sureties which, under the directions of the Tribunal, were scrutinized and found satisfactory. Thereupon, the Tribunal passed an order dated 1-3-1964, by which he was satisfied with the sureties for the appearance of the accused, but…