Law: Pakistan Criminal Law (Amendment) Act, 1958

Section:

(a) Pakistan Criminal Law Amendment Act (XL of 1958)-----   -----Ss. 4, 6 (5) read with S. 2 (a) and with Arts. 223 & 225, Constitu tion of Pakistan (1962) - "Appropriate Government"-Accused a Railway employee-To be tried by Special Judge appointed by "Central Government" being the "Appropriate Government," even after transfer of Railways to Provincial control tinder Art. 223 --Ss. 2 (a), 4, 6 (5) operative unless adapted or altered by competent authority by virtue of Art. 225-Automatic adaptation not permis sible-"Central Government" competent authority to grant sanction for prosecution-Date of offence, relevant date for determination of question of jurisdiction.   Notwithstanding the order of the President under Article 223, Constitution of Pakistan, 1962 transferring the Railways to the Provinces, the `Appropriate Government' under the Pakistan Criminal Law Amendment Act, 1958 in relation to the Railway employees means the Central Government and so long as the law is not altered or amended either by adaptation or fresh legislation whenever a question, in respect of an offence committed by a Railway employee which falls within the purview of that Act, will arise, the `Appropriate Government' 'shall be the Central Government which alone will be competent to grant sanction for the prosecution within the meaning of section 6(5) ; and the Court, which under section 4 of the Act will have the jurisdiction to try the offences, will be that of a Special Judge appointed by the Central Government under section 3.   Necessary changes cannot be read as a matter of course in the existing laws by reason of clause (1) of Article 225, after the New Constitution came into force. If it had been so, there would have been no purpose in giving powers to the President to make adaptations under clause (4) and to the Governor under clause (5) in respect of laws relating to matters with respect to which Legislature of the Province has power to make laws.   (b) Interpretation of Statutes------   ---Language of Statute plain and unambiguous admitting only one meaning-Effect to be given to its plain…