Law: West Pakistan Criminal Laws (Special Provisions) Ordinance (Il of 1968)

Section: 5

Law: Constitution of Pakistan, 1962

Section: 98

  West Pakistan Criminal Law (Special Provisions) Ordinance (II of 1968)  S. 5 and Constitution of Pakistan (1962), Art. 98 - Deputy Commissioner s direction to Tehsildar to investigate into affair and make report-Does not amount to taking cognizance of offence by Deputy Commissioner--Deputy Commissioner bound to refer question of guilt or innocence of accused to decision of Tribunal and Tahsildar not equated with 'tribunal---Order of Board of Revenue that by directing Tahsildar to investigate into matter, Deputy Commissioner in effect took cognizance of offence and as such rendered functus officio to take further cognizance of same offence, held, suffered from error patent on face of record and such order could rightly be interfered with in exercise of writ jurisdiction. Date of hearing : 6th May 1974.                                                                                                                        JUDGMENT MUHAMMAD GUL, J:------This leave petition is against the order of a Division Bench of the High Court of Sind & Baluchistan, Quetta Circuit, Quetta, dated 12-4-1974, by which the learned Judges set aside an order of learned Member, hoard of Revenue, Baluchistan, made in revision under section 25 of the Criminal Law (Special Provisions) Ordinance, 1968 (West Pakistan Ordinance II of 1968), in the circumstances set out below; On 9-5-1969, the Assistant Commissioner, Chaman, exercising the powers of Deputy Commissioner, under section 4 of the Ordinance received information that two rival groups, one headed by Malik Pir Muhammad and Muhammad Issa of Rehman Kahol and the other by Malik Abdul Ghaffar were proceeding towards village Sirki Talliri for an armed clash. To avert the clash, the Assistant Commissioner and the Tehsildar proceeded to the place where the armed clash was apprehended. On reaching the village, they found that…