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Petition for Special Leave to Appeal No. K‑154 of 1967, decided on 2nd February 1968.

(On appeal from the judgment and order of the High Court of West Pakistan, Karachi Bench, Karachi, dated the 29th September 1967, in Petition No. 313 of 1967).

Ss. 18 & 13‑Whether during pendency of appeal under S. 18 from order under S. 13, the Divisional Commissioner has power to suspend or modify order of Tribunal‑Special Leave to Appeal granted by Supreme Court to consider question.

Kazi Akhtar Ahmad, Additional Advocate‑General West Pakistan Karachi instructed by Shafiq Ahmad, Senior Attorney for Petitioners.

Nemo for Respondent.

Date of hearing : 2nd February 1968.

.‑The question raised in this petition for special leave to appeal moved by the State is whether during the pendency of an appeal from an order under section 13 of the West Pakistan (Control of Goondas) Ordinance, 1959 the Divisional Commissioner has the power to suspend or modify the order of the Tribunal.

The Commissioner considered that he was not vested with such s power, but the High Court has, on the analogy of its own revisional jurisdiction come to a contrary conclusion and held that during the pendency of an appeal the Commissioner can pass an order suspending or modifying the order of the Tribunal. The State disputes the construction of the High Court on the ground that the power to suspend or modify an order pending the hearing of the appeal cannot be implied, but must be specifically conferred on the appellate authority.

The question raised is of general public importance and involves interpretation of section 18 of the West Pakistan (Control of Goondas) Ordinance, 1959. We accordingly grant leave to appeal.

Petition accepted.

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