Law: General Clauses Act, 1897

Section: 6

(a) Frontier Crimes Regulation (111 of 1901), Ss. 11 and 12-Sentence passed before, but confirmed after coming into force of Constitution-Order of confirmation invalid -Sentence set aside-Accused may be tried under ordinary law-General Clauses Act (X of 1897), S. 6-Inapplicable-Invalidity not equivalent to repeal of provision. After a finding of the Council of Elders, the petitioner was convicted by the Deputy 'Commissioner under S. 302, P. P. C. and sentenced to 14 years' rigorous imprisonment on 14th March 1956. This sentence was, under the provisions of S. 12 of the Frontier Crimes Regulation (111 of 1901), subject to confirmation by the Commissioner who confirmed it on 28th July 1956. Mean­ while, the new Constitution had come into force on the 23rd March 1956, by Articles 4 and 5 of which Ss. 11 and 12 of the Regulation had been rendered invalid. Held (Per Kayani, C. J.) that the petitioner's sentence could not be confirmed under section 12 and that, consequently, it was invalid. The petitioner was convicted and sentenced under a valid law, but before the sentence could be confirmed by the Commis­sioner, the entire procedure culminating in confirmation became invalid, with the result that confirmation took place under a law which was invalid. It is no consolation, therefore, that up to a certain stage the proceeding was valid, because in that state it was not executable. In order that S. 6, General Clauses Act (X of 1897) should have effect, the case must be expressly one of repeal, and it is not enough that it should be analogous to repeal. When the Legislature repeals an enactment, it does so consciously, but when it says in a particular statute that any existing law which is inconsistent with that statute shall be void to the extent of inconsistency, it is contemplating a possible conflict, and is not necessarily contemplating a repeal, and therefore the contemplation of any saving clause is out of the question. There being no vested right in procedure, the a is no corres­ponding liability, and if that procedure is rendered void by the Constitution, it must be abandoned immediately in favour of the procedure which is valid. The petitioner, therefore,…

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