Law:

Section:

Pakistan Criminal Law (Amendment) Act (XL of 1958), S. 3 (2) (b) read with S. 14 Additional District Magistrate appointed as a Special Judge under Pakistan Criminal Law (Amendment) Act (XIX of 1948) (as amended) Not competent to continue to try case as Special Judge if he .had not exercised powers as Additional District Magistrate for a period of 3 years by 23 9 1958 the date of coming into force of Act XL of 1958. JUDGMENT This is an appeal by Alam Khan, who was a Forester at Ghoragali Range, Murree, and has been convicted under section 161, P. P. C., and sentenced to one year's rigorous imprisonment, and a fine of Rs. 200, in default of payment of which he has been ordered to undergo further rigorous imprisonment for six months. This conviction was recorded on 27th November 1958 by Mian Abdus Sattar, Additional District Magistrate, Rawalpindi, as Special Judge. He was appointed Additional District Magistrate on or about the 14th March 1957. 2. The learned counsel for the appellant contends that the proceedings taken by the learned Special Judge after the 23rd September 1958, when Pakistan Criminal Law (Amendment) Act, 1958 (Act No. XL of 1958) came into force, are null and void, because he did not possess the qualifications of a Special Judge as provided in subsection (2) of section 3 of the Act, and he could not act as a Special Judge, when he convicted the appellant. 3. The qualifications for appointment as a Special Judge have been changed from time to time. Subsection (1) of section 3 of the Pakistan Criminal Law Amendment Act, 1948 (Act No. XIX of 1948), which came into force on the 11th June 1948, enabled the Central Government to appoint Special Judges to try and punish offences specified in the schedule appended to the Act and such other offences as might be notified by the Government from time to time in the official Gazette. Subsection (2) of section 3 provided the qualifications of Special Judges as follows: "(2) No person shall be appointed as a Special Judge unless he, (a) is qualified under subsection (3) of section 220 of the Government of India Act, 1935, for appointment as Judge of a High Court ; or (b) has, for a period of not less than…

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