Case Details

Citation(s)
1979 SLG 173 1979 SLD 173 1979 PLD 188
Quetta High Court
Constitutional Petitions Nos. 321 and 322 of 1978, decided on 25th April 1979.
MIR KHUDA BAKHSH MARRI, C.J. AND ABDUL QADEER CHAUDHRY, J

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Syed ESSA NOORI er

VS

DEPUTY COMMISSIONER, TURBAT AND 2 others --Respondents

Law:

Section:

(a) Criminal Procedure Code (V of 1898) S. 6 Words and phrases "Criminal Court" Connotation. [Words and phrases]. Though the term "criminal Court" has not been defined anywhere, but in general connotation it means a Court as mentioned in the Code of Criminal Procedure. (b) Words and phrases.--- "Ordinary" Meaning. According to Shorter Oxford Dictionary the word "ordinary" means, conformable to order or rule; regular'; orderly; methodical, of a Judge having regular jurisdiction, not deputed; Regular, normal customary, usual. (c) Criminal Law (Special Provisions) Ordinance (II of 1968) Tribunal not a criminal Court Procedure and manner of two forums, distinct. There is no doubt that a Tribunal under the Ordinance II of 1968 cannot be made equal with the criminal Courts constituted under the Code of Criminal Procedure. The procedure and the manner of the two forums are quite distinct. All the provisions of Code of Criminal Procedure and Evidence Act are not applicable for a trial before the Tribunal. The forum of appeal in the Ordinance is also different. A case under the Ordinance is to be tried by the Tribunal and its recommendation would be submitted to the Deputy Commissioner. The entire scheme of the Ordinance II of 1968 is contrary to the normal procedure and functions of the criminal Courts, in the country. (d) Martial Law Order, 1977 [M. L. A., Zone 'D'] No. 4 as amended by Martial Law Order [M. L. A., Zone V] No. 37, paras. 2 & 3 and Martial Law Order No 54 as reconstituted by Martial Law Order [M. L. A., Zone, 'D'] No. 61 Transfer of criminal cases¬---M. L. O. 61 empowering Military Court to transfer criminal cases from Tribunal to Military Court, not promulgated when case withdrawn from Tribunal, neither effective retrospectively Cognizance taken of offences prior to its promulgation Such cases, held, cannot be withdrawn to Military Court Even otherwise, provisions of para. 3 of M. L. O. 37 not attracted Transfer of case, held further, illegal.¬[Transfer of criminal cases Cognizance]. Muhammad Ashfaq v. Martial Law Administrator, Zone C, Karachi and others PLD 1979 Kar. 465 and Haft Abdurrashid v. The State and others PLD 1919 Lah. 274 ref. (e)…
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