Lawyers Directory Listing
Chat with us free on WhatsApp — tell us your city and legal matter and our team connects you with the right lawyer. No form, no fee.
Civil Petition for Special Leave to Appeal No. 339 of 1967, decided on 26th October 1967.
(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 31st July 1967, in Writ Petition No. 329 of 1965).
Ss. 3 & 25‑Whether Commissioner before making order of reference bound to grant hearing to accused person‑Special Leave to Appeal granted by Supreme Court to consider question.
Raja Said Akbar, Advocate‑General West Pakistan (Aslam Riaz Hussain, Assistant Advocate‑General with him) instructed by Ijaz Ali, Attorney for Petitioners.
M. A. Buttar, Advocate Supreme Court instructed by Ali Aman Naqvi, Attorney for Respondents.
Date of hearing : 26th October 1967.
.The High Court has held, on an interpre tation of Section .3 of the West Pakistan Criminal Law (Amendment) Act, reading it with section 25 of the Act, that it is incumbent upon the Commissioner to grant a hearing to the accused person, before making an order of reference to a Tribunal of his case number of precedent authorities‑‑have been examined in the judgment. The argument of the learned Advocate General that a question of law arises for final determination by this Court, is clearly supported. We accordingly grant leave to appeal as prayed.
A prayer is made for stay of the direction of the Full Bench that the cases concerned be returned to the Division Benches which are seized of them for disposal in accordance with the view expressed by the Full. Bench. It is desirable that effect should not be given to that view until the appeal is decided. We accordingly grant stay as‑prayed.
Leave granted.
Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.
🔍 Find a Lawyer