ABDUL SAMAD Alias DADDA vs Khan IQBAL AHMAD KHAN LODHI, P.C.S., — 1969 PCRLJ 727

Citation: 1969 PCRLJ 727

Court: Lahore High Court

Year: 1971

Decision Date: 1971-12-31

Parties: ABDUL SAMAD Alias DADDA vs Khan IQBAL AHMAD KHAN LODHI, P.C.S., JUDGMENT

Headnotes

Case cited as 1969 PCRLJ 727

Judgment Text

Court Name: Lahore High Court Judge(s): Sheikh Anwarul Haq, Muhammad Akram Title:ABDUL SAMAD Alias DADDA vs Khan IQBAL AHMAD KHAN LODHI, P.C.S., JUDGMENT Reported As: PLD 1972 Lahore 41 Result: Reference answered Judgment JUDGMENT ANWARUL HAQ, C. J.--Arising out of arguments presented in a large number of revision petitions filed under section 19 of the West Pakistan Control of Goondas Ordinance, 1959, a learned Singly .Fudge of this Court has referred to a larger Bench the following twelve questions : - (1) Whether the enactment of West Pakistan Maintenance of Public Order Ordinance, 1960 impliedly repeals the Ordinance? (2) If the answer is in the negative, whether in view of section 2 and the Scheme of the Ordinance, it is permissible to constitute more than one Tribunal in a district? (3) If the answer to question No. 2 be in the affirmative, whether a District Magistrate or an Additional District Magistrate is competent to transfer a case pending before one Tribunal to another Tribunal? (4) Whether a Tribunal can consist of a Magistrate, appointed as Additional Deputy Commissioner (General)? (5) Whether an Additional Commissioner can act as Commissioner under the Ordinance? (6) What is the exact nature of the hearing to be afforded to a Goonda under subsection (2) of section 14 of the Ordinance? Does this hearing postulate a formal show-cause notice? (7) Whether the High Court in exercise of its jurisdiction conferred by section 19 of the Ordinance, can examine the…

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