Law: West Pakistan Criminal Law (Amendment) Act (VII of 1963)

Section: 3

  West Pakistan Criminal Law (Amendment) Act (VII of1963)----S.3 [as amended]-Provision to be strictly construed Opinion of Commissioner that "it is expedient that case be referred to Jirga "-Not same thing as saying that "it is inexpedient in interest of justice that case be tried by ordinary Courts " Magistrate passing order under S. 3 holding "it is expedient in interest of justice that case be referred for decision of tribunal"-Order, not in accordance with provisions of S. 3 and so, held, illegal -Commissioner, despite omission of words "for reasons to be recorded in writing" from S. 3(1) must give reasons in writing whether in given case it be "inexpedient in interest of justice that case be tried by ordinary Courts"-West Pakistan Criminal Law (Amendment) Ordinance (XLIV of 1963), S. 3.   Interpretation of statutes-----Every word to be given meaning and effect.   Dates of hearing: 28th April and 24th May 1965.  JUDGMENT   A. S. FARUQUI, J.-----This petition under Article 98 of the Constitution by Muhammad son of Feroze and Ali son of Adam is directed against the order of the Commissioner, Hyderabad Division dated 24th February 1964, whereby the latter in the purported exercise of his powers under section 3 of the West Pakistan Criminal Law (Amendment) Act, 1963, referred the case to the tribunal for decision on the question of the guilt or innocence of the two petitioners in this case.   The facts of the case as they appear from the order of thelearned Commissioner are these. On the night between 16th and 17th June 1963 while the deceased Nooro Leghari and his sister Mst. Zainab were sleeping in the house of the complainant Darya Khan Leghari, at about 3 a.m. the complainant woke up on hearing gunshots and ran to the courtyard of the house and saw his wife Mst. Zainab weeping and crying and found Nooro Leghari lying on the cot on which he was sleeping with a gunshot injury in his chest. Nooro was the brother of Mst. Zainab. Mst. Zainab and Nooro told the complainant Darya Khan that Muhammad and Ali (the petitioners before us) had come in the house and had shot Nooro with a gun…