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Criminal Petition for Special Leave to Appeal No. 25 of 1968, decided on 25th June 1968.
(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated 3‑10‑1967, in Writ Petition No. 422/66).
Art. 58(3)‑Special leave to appeal sought on plea not raised at any stage during proceedings before Courts below‑Leave refused.
Qazi M. Salim, Advocate Supreme Court instructed by Sir. Masud Akhtar, Attorney for Petitioner.
Nemo for Respondent.
Date of hearing : 25th June 1968.
This is a petition on behalf of Manzoor Ahmad, who has been convicted under section 302, P. P. C. by a Tribunal under the Criminal Law (Amendment) Act (hereinafter described as the Act) and sentenced to 14 years' R. I., and a fine of Rs. 10,000. The other persons convicted in the same proceedings were one Abbas Khan and Mst. Nisaran, the latter under section 302/109, P. P. C. The convicts filed a revision before the Home Secretary under section 19 (2) of the Act which was dismissed as tine‑barred. In a writ petition filed in the High Court the conviction and sentence of the petitioner Manzoor Ahmad and Abbas Khan were upheld but that of Mst. Nisaran set aside on the around that the offence for which she was convicted namely 302/109, P. P. C. was not one of the offences mentioned in the Schedule attached to the Act, which could be tried under the Act.
The contention made in this petition lay the learned counsel appearing for the petitioner is that the initial reference under section 3 of the Act having been made by the Commissioner without notice to the petitioner and the other accused persons vitiates the entire proceedings. The submission is based on a Full Bench Judgment of the High Court of West Pakistan, Lahore in Writ Petition No. 329/65 (Jan Muhammad v. Home Secretary) decided on 31‑7‑1967, against which leave to appeal has been granted by this Court in Petition for Special Leave to Appeal No. 339/67, on 26th of October 1967.
We are not inclined to entertain this petition on the short ground that the petitioner is raising new plea for the first time in the present petition, not having raised it at any stage during the proceedings under the Criminal Law (Amendment) Act; A nor did he make a grievance of it in his writ petition in the High Court.
We dismiss this petition.
Leave refused.
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