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1970 SCMR 32

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Citation1970 SCMR 32
CourtSupreme Court of Pakistan
Judge(s)Alvin R. Cornelius, Dr. Sheikh Abdul Rahman
ResultLeave granted

1. CORNELIUS, C. J..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.

2. 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.

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