Law: Frontier Crimes Regulation (III of 1901)

Section: 11

(a) Constitution of Pakistan (1962), Art. 58-Leave to appeal to Supreme Court-Granted to consider whether reference of case by Deputy Commissioner to Council-of-Elders under S. 11, Frontier Crimes Regulation (111 of 1901) was ultra vires. On the 16th April 1963, the Commissioner passed an order directing the Deputy Commissioner to withdraw the case of the respondents from the Court of Session and to put it up for trial before a Council-of-Elders (under the Frontier Crimes Regulation, 1901). On the 25th April 1963, the Deputy Commissioner made an order withdrawing the case from the Court of Session in order that it may be referred to a Council of Elders. On the 19th April 1963, the Frontier Crimes Regulation under which these orders were passed had ceased to apply to the area concerned. Leave to appeal was granted in this case because it was urged that the order of 25th April 1963, of the Deputy Commissioner, had been passed in obedience to and in implementation of the direction of the Commissioner which direction the Commissioner was empowered to give and the Deputy Commissioner's order was not to be regarded as an independent order. (b) Frontier Crimes Regulation (III of 1901), S. 11--Commissioner has power only to "direct" the Deputy Commissioner to make a reference-"Reference" takes place only by order of Deputy Commissioner-No person can be tried only on strength of order of Commissioner - Deputy Commissioner making "reference" after repeal of Regulation in area-Order, held, without jurisdiction-General Clauses Act (X of 1897), S. 6 ­Effect of S. 6 not considered in view of inherent objections to Deputy Commissioner's order which in actual fact amounted only to an order of "withdrawal" of case from Sessions Court, and was not in terms an order of "reference". The Commissioner has power only to direct the Deputy Commissioner to make a reference. According to section 11, Frontier Crimes Regulation, 1901, reference takes place only by the order of the Deputy Commissioner. Even if the Commissioner has passed an order there will be no reference as long as the Deputy Commissioner does not pass one. No accused person could be tried by the Council-of-Elders only on…

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