MUHAMMAD NAWAZ AND Another vs THE DISTRICT MAGISTRATE, HAZARA AND — 1970 SCMR 483

Citation: 1970 SCMR 483

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-04-03

Parties: MUHAMMAD NAWAZ AND Another vs THE DISTRICT MAGISTRATE, HAZARA AND 5 Other

Headnotes

Case cited as 1970 SCMR 483

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Mujibur Rahman Khan, Muhammad Yaqub Ali Khan Title:MUHAMMAD NAWAZ AND Another vs THE DISTRICT MAGISTRATE, HAZARA AND 5 Other Case No.: Petition for Special Leave to Appeal No. 39-P of 1970 Date of Judgment:1970-04-03 Reported As: 1970 SCMR 483 Result: appeal refused Judgment ORDER MUHAMMAD YAQUB ALI, J.-A case under sections 302, 307 read with section 34, P. P. C. Was registered against the petitioners on 22nd April 1965. The Commissioner, Peshawar Division, by order dated the 17th August 1966, referred the question of their innocence or guilt to a Tribunal under section 3(i) of the West Pakistan Criminal Law (Amendment) Act, 1963, then in force. The petitioners filed a revision petition under section 19 of the Act and maintained that the Commissioner ought to have heard them before making the order of reference. The revision petition was dismissed whereupon the petitioners moved the High Court in writ jurisdiction reiterating the plea that an order of reference passed in the absence of the accused person is without lawful authority. The learned Judges in the High Court dismissed the writ petition on the 6th March 1970, on the finding that the illegality of the order of the Commissioner was cured by the hearing given to the petitioners by the Member, Board of Revenue. The view adopted by the High Court is contrary to the decision in Home Secretary to the Government of West Pakistan v. Jan Muhammad (PLD1969SC333). The reference…

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