Law: Criminal Procedure Code (V of 1898)

Section: 107

  Lambardar-Appointment-Person bound down under S. 107, Criminal Procedure Code (V of 1898)-Can be appointed as Lambardar provided there are mitigating circumstances.   Revision-Concurrent findings of fact by Collector and Commissioner-No interference.     ORDER   This order will dispose of the following three revisions:----   Fateh Muhammad v. Maula Bakhsh (Revision No. 14 of 1964-65). Farzand v. Maula Bakhsh (Revision No. 56 of 1964-65). Ali Muhammad v. Maula Bakhsh (Revision No. 2077 of 1964-65).   These three revisions have been filed against an order dated 5th August 1964, passedby Commissioner, Multan Division whereby the three appeals preferred by the petitioners were rejected.   The facts of the case are that the non-Muslim Lambardar of village migrated andwhen the question of filling up the vacancy came up for consideration, nine candidates put in their applications. There were some withdrawals and non-appearance and ultimately the contest was confined to five candidates only. The Collector examined the case of all the five candidates and ultimately preferred Maula Bakhsh respondent. The three petitioners went in appeal to the Commissioner but their appeals were rejected. Hence these three revisions.   I have heard the learned counsel for the parties. There are two aspects of the case;one is legal and the other relates to merits. On the legal side it has been urged by the learned counsel for the petitioner that because the respondent was bound down under section 107, Cr. P. C., he should not be appointed as a Lambardar. In this connection I was referred to P L D 1963 W. P. (Rev.) 3. On the other hand the learned counsel for the respondent has drawn my attention to P L D 1964 W. P. (Rev.) 42. The Full Board Ruling lays down the basic principle that ordinarily a person bound down under section 107, Cr. P. C. should not be appointed as a Lambardar. It has, however, been added therein that if…