| Citation(s) |
|---|
| 2007 SLG 3004 2007 SLD 3004 2007 PLJ 102 |
Quetta High Court
C.Ps. Nos. 587 of 2001 & 614 of 2001 and Suo Moto Reference No. 1 of 2003, decided on 20.11.2003. DATE of hearing: 22.10.2003.
RAJA FAYYAZ AHMAD, C.J. AND AKHTAR ZAMAN MALGHANI, J.
Mr. Shah Muhammad Joti, Advocate in present (in C.P. 587/2001). Mr. Salah-ud-Din Mengal, A.G. for
Respondent (in C.P. 587/2001). Mr. Khushnood Ahmad, Advocate (in C.P. 614/2001). Fateh Khan, Advocate for
Respondent No. 4 (in C.P. No. 614/2001). Syed Ayaz
C.Ps. Nos. 587 of 2001 & 614 of 2001 and Suo Moto Reference No. 1 of 2003, decided on 20.11.2003. DATE of hearing: 22.10.2003.
RAJA FAYYAZ AHMAD, C.J. AND AKHTAR ZAMAN MALGHANI, J.
Mr. Shah Muhammad Joti, Advocate in present (in C.P. 587/2001). Mr. Salah-ud-Din Mengal, A.G. for
Respondent (in C.P. 587/2001). Mr. Khushnood Ahmad, Advocate (in C.P. 614/2001). Fateh Khan, Advocate for
Respondent No. 4 (in C.P. No. 614/2001). Syed Ayaz
DIL MURAD and others
VS
GOVT. OF Balochistan through SECRETARY HOME DEPARTMENT AT Quetta and others--Respondents
Law:
Section:
Criminal Law (Special Provisions) Ordinance II of 1968-- ----Preamble--Repeal of the Ordinance--Effect on pending cases--Held: Under the Ordinance 1968, the Tribunal was to be presided by Assistant Commissioner or Tehsildar as Chairman and the Deputy Commissioner was the authority to give final verdict--After the decisions of High Court and Supreme Court of Pakistan, the system of Deputy Commissioners and Executive Magistrates was completely abolished and in consequence of the repeal of Ordinance 1968, no amendment could be brought in it for substituting the word "Deputy Commissioner"--Therefore in present system the pending cases would be triable only under the normal law by the ordinary Courts. PLD 1991 Q. 7, ref. Judgment Akhtar Zaman Malghani, J.--The Sessions Judge, Quetta has sent reference in respect of two cases, State Vs. Changez Khan and State vs. Agha Muhammad which were pending trial under Criminal Law (Special Provisions) Ordinance-II of 1968 for guidance and appropriate order as after the abolishment of posts of Deputy Commissioners and Assistant Commissioners, no forum was available to try these cases. Similarly C.P. No. 587/2001 and 614/2001 have been filed on the subject. 2. This Court vide its judgment reported in PLD 1991 Quetta-7 declared the Criminal Law (Special Provisions) Ordinance-II of 1968 as a "void Law" being inconsistent with Articles 25, 2-A and 175(3) of the Constitution of Islamic Republic of the Pakistan, 1973. The said judgment was challenged before the Hon'ble Supreme Court of Pakistan by the Government of Balochistan and the Hon'ble Apex Court maintained the dictum laid down by this Court and declared the Ordinance-II of 1968 as void being in conflict with the articles of Constitution and the Government was directed:-- "(i) to issue necessary notification in terms of sub-section (2) of Section 1 of Ordinance XII of 1972 for enforcing the aforesaid Ordinance by creating posts of and separately appointment Judicial Magistrates and Executive Magistrates and to place Judicial Magistrates under the administrative control of the High Court within a period of three months; and (ii) to take necessary steps as required by the…
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