Law:

Section:

West Pakistan Criminal Law (Amendment) Act (VII of 1963),Ss. 3 & 25---Commissioner's considering question of making reference to Tribunal---"Proceeding" within meaning of S. 25---Commissioner while considering question of making reference under S. 3-Bound to afford opportunity of hearing to parties con­cerned. Section 25 lays down that in proceedings under this Act before the Tribunal the District Magistrate, the Commissioner and the Government the parties shall be entitled to be represented by a legal practitioner of their choice. A fortiori if the action in which the Commissioner decides to refer the question of guilt or innocence of an accused person to the decision of a Tribunal is a `proceeding' within section 25, then the parties have a right of hearing before an order under section 3(1) is made. Under subsections (4) and (4-a) of section 8 of the Act the provisions of the Evidence Act except sections 121 to 126 and the provi­sions of the Code of Criminal Procedure do not apply to the proceedings before the Tribunal. The two statutes contain a number of safeguards for safe administration of criminal justice, such as, section 24 of the Evidence Act, relating to confession by a person while in police custody or procured by any induce­ment, threat or promise and section 162 of the Code of Criminal Procedure under which statements made to police are not to be used for any purpose other than by the accused to contradict the witness when he appears at any inquiry or trial against him. Depriving an accused person of the safeguards provided in the Code of Criminal Procedure and the Evidence Act is a serious consequence which stems from, the order of reference to the Tribunal under section 3 of the Act. Would it, therefore, stand to reason that the person accused of a scheduled offence should be denied the right of hearing before the Commissioner refers the question of his guilt or innocence to the Tribunal. The right is clearly recognized by section 18 which provides for an appeal to the Government from an order of reference under section 3 of the Act. An effective exercise of this right alone necessitates that the accused person should be heard before the…

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