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

Section: 3,3(1),3(6)

Law: Criminal Procedure Code (V of 1898)

Section: 173

(a) West Pakistan Criminal Law (Amendment) Act (VII of 1963)-----   --- S.3(1),(6)-Requirement for reference of case to Tribunal-- Accusation of an offence must exist.   A person is accused of an offence when a report of the commission of an offence is registered against him; or when a report of the commission of an offence is submitted against him by the police under section 173, Cr. P. C. These are two instances in which a " person may be said to be accused of an offence. Therefore, either a First Information Report or a challan submitted by the police may be taken as the basis of the accusation. When either an F. I. R. is recorded against a person, though there has been no investigation, or when a report under section 173, Cr. P. C. has been submitted after investigation by the police against a person, the first requirement of an accusation of an offence for the reference of a case to a Tribunal by the Commissioner exists.   (b) West Pakistan Criminal Law (Amendment) Act (VII of 1963)----   ----S. 3 read with First Schedule-Allegation stated in F. I. R. or challan not making out case of any offence mentioned in Schedule-Commissioner referring case to Tribunal-Order of Commissioner illegal-Can be set aside by High Court under Art. 98, Constitution of Pakistan (1962).   Held, that there is no unrestricted and unlimited power in the Commissioner to refer any offence, even though it may not be mentioned in the Schedule, to a Tribunal under the West Pakistan Criminal Law (Amendment) Act, 1963. The power to refer the question of guilt or innocence of a person or persons is restricted to those cases in which the accused is or are accused of an offence or offences mentioned in the 1st Schedule. Therefore, if it appears to the Court that the allegations stated in the F. I. R. or the challan do not make out a case of an offence mentioned in the Schedule, it is open to the Court to set aside the reference as being incompetent and without lawful authority. It is obvious that by the mere mention of a particular section of the P. P. C. in the F. I. R. or in the challan, jurisdiction cannot be conferred on the Commissioner to refer the…