Law:

Section:

(a) Constitution of Pakistan (1962)----- -----Art. 98-Writ-Locus standi to maintain petition-Words "aggrieved person" in Art. 98­Person incarcerated in prison under a wholly illegal order-Son of such person, an "aggrieved person" within meaning of Art. 98. (b) East Pakistan Control of Essential Commodities Act (I of 1956)----- ----Ss. 6 & 4 - Conviction under S. 6 by Magistrate not appointed under S. 4 - Without jurisdiction. Ruhul Islam, Senior Advocate Supreme Court instructed by Md. Nurul Haq, Advocate-on-Record for Petitioners. Date of hearing: 22nd June 1970. JUDGMENT SAJJAD AHMAD, J.-One Durga Prasad Agarwala was convicted by Mr. E. Ali, Magistrate 1st Class, Dinajpur, under section 6 of the East Pakistan Control of Essential Commodities Act I of 1956, who sentenced him to two years' rigorous imprisonment and a fine of Rs. 800 or, in default, three months' further rigorous imprisonment. His foodstuffs in large quantity, which were the subject-matter of the offence, were also forfeited. Hiralal Agarwala, a son of the aforesaid convict, moved a petition in the High Court of East Pakistan, under Article 98 of the 1962-Constitution in challenge of the conviction and sentence of his father on the ground that the convicting Magistrate lacked jurisdiction, not being a Special Magistrate appointed under section 4 of the Act who alone was competent under the law to try the alleged offence. The contention prevailed with the High Court which has quashed the proceedings with the rider that Durga Prasad Agarwala could be tried by a competent Court, if so…

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