MUHAMMAD HAYAT vs THE CHIEF SETTLEMENT AND REHABILITA TION — 1970 PLD 679

Citation: 1970 PLD 679

Court: Lahore High Court

Year: 1969

Decision Date: 1969-05-29

Parties: MUHAMMAD HAYAT vs THE CHIEF SETTLEMENT AND REHABILITA TION COMMISSIONER AND ANOTHER

Headnotes

Case cited as PLD 1970 Lahore 679

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Afzal Zullah Title:MUHAMMAD HAYAT vs THE CHIEF SETTLEMENT AND REHABILITA TION COMMISSIONER AND ANOTHER Case No.: Writ Petition No. 445-R of 1968 Date of Judgment:1969-05-29 Reported As: PLD 1970 Lahore 679 Result: Petition dismissed Judgment ORDER The petitioner challenges the registration of a case against him on an enquiry held and report made by the Officer on Special Duty, Governor's Inspection Team. The police had found him innocent on an earlier report based on the same facts. The learned counsel has urged the following points:- (i) That an earlier inquiry had been held and there is no provision in the Act for second inquiry. The learned counsel has relied also on section 29 of the Displaced Persons (Land Settlement) Act in support of his contention that no Court can take cognizance of an offence under this Act without a complaint in writing made by an officer appointed under this Act. The precise argument is that if once a person has been prosecuted, section 29 impliedly bars his prosecution again because it does not make any provision for repeated prosecutions or complaints. (ii) That the Officer on Special Duty, Governor's Inspection Team has no power under the Act to make a report because section 29 provided that "officer appointed under this Act" can make a complaint; and because the Officer on Special Duty, Governor's Inspection Team is not an Officer appointed under the said Act, therefore, any report to the…

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