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NABI BAKHSH versus KHUDA BAKHSH


The contents of the Pakistan Penal Code Sections 447 and 427 of the Criminal Law (Special Provisions) Ordinance (Second 1968), Section 6 Constitution of Pakistan (1973), Article 199, showed that the case of the Criminal Law (Special Provisions) Ordinance, 1968 Was not subject to a hearing. And along with the tribunal, the appellate authority constituted the entire proceeding under the Non-Judicial Provisions for Criminal Law (Special Provisions) Ordinance, 1968, without considering the fundamental question of taking seriousness and jurisdiction in the matter. The fundamental rights conferred under the Constitution were inconsistent and the authorities ceased to exist under the ordinance and all matters pending before the Tribunal, including appeals and revisions, were to be decided by the ordinary courts operating in the district. The method of filing a review before the Constitutional Pets Institution by the accused, however, did not constitute a restriction for the High Court to exercise its constitutional jurisdiction in this case, which included questions about jurisdiction. Is. All proceedings under the ordinance against the accused were consequently set aside without any jurisdiction to send the deputy commissioner. Record of Trial to Trial Session Judge

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