Law: Frontier Crimes Regulation (III of 1901)

Section:

   Frontier Crimes Regulation (III of 1901), S. 11 and West Pakistan Criminal Law(Amendment) Act (VII of 1963), S. 34-- Commissioner directing Deputy Commissioner before 19-4-63 to refer, under S. 11, Frontier Crimes Regulation 1901, to Council-of Elders case pending in Sessions Court-Deputy Commissioner in compliance with direction referring case to jirga under S. 11, Frontier Crimes Regulation, 1901 after 19-4-63 i.e. after repeal of Regulation by S. 34, West Pakistan Criminal Law (Amendment) Act, 1963-Order of reference, held, invalid.     Interpretation of Statutes Penal provisions-Two Inter pretations possible Interpretation favouring accused to be adopted. JUDGMENT   The petitioners who are residents of District Jacobabad have made this petition under Article 98 of the Constitution for a declaration that the order passed by respondent No. 2 dated the 25th April 1963, referring the criminal case under various sections of the Penal Code against the petitioners from the Court of Sessions to Council-of-Elders was illegal. The facts shortly put giving rise to this petition are these :--   On 27th March 1962, the petitioners were challaned for offences under sections 302, 307 read with section 149, P. P. C. and section 19-E of the Arms Act before the Additional District Magistrate, Jacobabad. The Additional District Magistrate on 9th January 1963, framed charges under sections 147, 148, 302 read with section 149, P. P. C. and section 19-E of the Arms Act. The learned Magistrate committed the petitioners on 9th January 1963, to the Sessions Court. The trial was to commence before the Sessions Court on 14th May 1963. The Deputy Commissioner on 25th April 1963, passed an order withdrawing the case from the Court of Sessions Judge and referred it to the Council-of-Elders. The said order was passed under section 11 of the Frontier Crimes Regulation, 1901.   It would appear from the facts disclosed in the petition that the Frontier Crimes Regulation was repealed by section 34 of the West Pakistan Criminal Law Amendment Act, 1963, except in its application to the tribal areas. The West Pakistan Criminal Law Amendment Act, 1963, came…