ALLAH NOOR AND 5 Others ISMAIL AND 3 Others vs THE STATE THROUGH JUDGMENT Reported As — 1972 SCMR 569

Citation: 1972 SCMR 569

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-12-31

Parties: ALLAH NOOR AND 5 Others ISMAIL AND 3 Others vs THE STATE THROUGH JUDGMENT

Headnotes

Result: Order accordingly Judgment JUDGMENT HAMOODUR RAHMAN, C. J.-In both these appeals, by special leave, the question which arises for decision is ay to whether a person, whose case is sought to be referred to a Tribunal under section 3 of the West Pakistan Criminal Law (Amendment) Act of 190 for trial, is entitled to police of the proceedings and to be heard at the proceedings before the order of reference is made.

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Hamoodur Rahman, Sajjad Ahmad Jan Title:ALLAH NOOR AND 5 Others ISMAIL AND 3 Others vs THE STATE THROUGH JUDGMENT Reported As: 1972 SCMR 569 Result: Order accordingly Judgment JUDGMENT HAMOODUR RAHMAN, C. J.-In both these appeals, by special leave, the question which arises for decision is ay to whether a person, whose case is sought to be referred to a Tribunal under section 3 of the West Pakistan Criminal Law (Amendment) Act of 190 for trial, is entitled to police of the proceedings and to be heard at the proceedings before the order of reference is made. Learned counsel appearing in these appeals point out that this question is now concluded by two decisions of this Court in the cases of Home Secretary to the Government of West Pakistan, Lahore v. Jan Muhammad (PLD1969SC333) and Mansab A.I v. Amir (PLD1971SC 124). It was held by this Court the above-mentioned cases that in actions in which the Commissioner decides to refer the question of guilt or innocence of an accused person to the decision of a Tribunal are "proceedings" within the meaning of section 25 of the above-mentioned Act and, therefore, the parties have a right of hearing before air order under section 3, subsection (1). Is made. An order passed without complying with this requirement of law which is a mandatory condition for the exercise of jurisdiction lay the Tribunal is void, arid, therefore, since the order passed by tire Commissioner is…

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