COMMISSIONER, KHAIRPUR DIVISION, KHAIRPUR AND ANOTHER vs ALI SHER — 1965 PLD 479

Citation: 1965 PLD 479

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Parties: COMMISSIONER, KHAIRPUR DIVISION, KHAIRPUR AND ANOTHER vs ALI SHER JUDGMENT

Headnotes

Case cited as PLD 1965 SC 479

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Sajjad Ahmad Jan, Muhammad Yaqub Ali Khan Title:COMMISSIONER, KHAIRPUR DIVISION, KHAIRPUR AND ANOTHER vs ALI SHER JUDGMENT Reported As: PLD 1971 Supreme Court 242 Result: Appeal dismissed Judgment JUDGMENT MUHAMMAD YAQUB ALI, J.--The question raised in this appeal by special leave of the Court is whether the Commissioner of a Division acting as an appellate authority under the West Pakistan Control of Goondas Ordinance, 1959, hereinafter referred to as the Ordinance, can suspend the operation of the impugned order without an express provision to that effect in the Ordinance. In pursuance to a complaint lodged by the Police under sections 13 and 14 of the Ordinance, the District Tribunal, Sukkur, by order dated the 8th May 1967, restricted the movements of Pir Abdur Rahim for a period of one year to the Municipal limits of Sukkur against which he filed an appeal under section 18 to the Commissioner Khairpur Division. Simultaneously he applied for interim stay of the order of the Tribunal, but the Commissioner expressed his inability to grant the relief in the view that under section 18 of the Ordinance he was not possessed of the power to stay the execution of an order brought in appeal before him. Ali Sher Sarki, respondent, a friend of Pir Abdur Rahim, thereupon filed a Writ Petition in the High Court calling in question the order of the Commissioner as without lawful authority on the contention that the…

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