RAHMAN AND Another vs THE STATE AND 2 Other — 1972 PLD 534

Citation: 1972 PLD 534

Court: Lahore High Court

Year: 1971

Decision Date: 1971-07-07

Parties: RAHMAN AND Another vs THE STATE AND 2 Other

Headnotes

Case cited as PLD 1972 Lahore 534

Judgment Text

Court Name: Lahore High Court Judge(s): Nasim Hasan Shah, Karam Elahi Chauhan Title: RAHMAN AND Another vs THE STATE AND 2 Other Case No.: Writ Petition No. 115 of 1967 Date of Judgment:1971-07-07 Reported As: PLD 1972 Lahore 534 Result: Petition dismissed JUDGMENT JUDGMENT K. E. CHAUHAN, J.-In connection with a First Information report bearing No. 59/64 registered at Police Station, Barana District Jhang on the 30th of June 1964, the case against the petitioners was referred by the District Magistrate, Jhang, for trial to a Tribunal (hereinafter called the Jirga) under the West Pakistan Criminal Law Amendment Act VII of 1963. The Tribunal recorded a verdict of "not guilty", in favour of the petitioners and submitted its recommendations to the District Magistrate under section 10 of the Criminal Law Amendment Act. The learned District Magistrate found:- (a) That the second President of the Tribunal (who was appointed after the first had been transferred) was appointed in the absence of the complainant without affording him an R124 opportunity to raise objections; (b) that the members of the Tribunal had not taken an oath before entering upon their office (or to be wore precise before cja entering upon a reference), as required by section 7 of the Criminal Law Amendment Act. On the factual aspect that no oath was taken, the learned District Magistrate hold that it was conspicuous from the record as there was no note or any other type of proceeding to chow that any oath was…

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