Law:

Section:

Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)--- ----Ss. 1(2) & 10/11---Frontier Crimes Regulation (III of 1901), Preamble--­Trial and conviction of accused by Authorities under Frontier Crimes Regulation, 1901, and revision petitions decided by the Commissioner--­Validity---Offence of Zina (Enforcement of Hudood) Ordinance, 1979 having been extended and applied to Federally Administered Tribal Areas and Provincially Administered Tribal Areas of N.-W.F.P. providing forum of Court of Session for the trial of cases, Authorities working under the Frontier Crimes Regulation were not competent to hear and decide cases---Convictions and sentences of accused were consequently set aside and their cases were remanded to the concerned Political Agent/Sessions Judge for trial under the law. Said Amir v. The State PLD 1990 FSC 26 and Sajjad Hussain and others v. The State PLD J989 FSC 50 ref. JUDGMENT MIR HAZAR KHAN KHOSO, C.J.---As the same points of law and facts are involved in Criminal Appeal No.37/P of 1989 L.W. Jail Criminal Appeal No.178/I of 1989, Criminal Revision No.3/P of 1993, L.W. Criminal Revision No.10/P of 1993, we intend to dispose of them by this one detailed judgment. 2. By Ordinance VII of 1979, the President of Pakistan promulgated the law "The Offence of Zina (Enforcement of Hudood) Ordinance, 1979 on 9-2-1979 and extended its operation to the entire Pakistan. Under section 20 of the Ordinance, the provisions of the Code of Criminal Procedure, 1898 were applied thereto. The jurisdiction for trial of the offence under the Ordinance was conferred upon the Court of Session; the powers of appeal wherefor were given to the Federal Shariat Court. The section reads as under:-- "20.---(1) The provisions of the Code of Criminal Procedure, 1898, hereafter in this section referred to as the Code, shall apply mutates mutandis, in respect of cases under this Ordinance: `Provided that, if it appears in evidence that the offender has committed a different offence under any other law, he may, if the Court is competent to try that offence and award punishment therefor, be convicted and punished for that offence: Provided further that an offence…

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