This judgment will dispose of three connected petitions filed by the petitioners whose names are given below :-
(1) Muhammad Aslam Khan (Cr. Rev. No. 36 of 1983).
(3) Nasim. Ahmad Qureshi (Cr. Rev. No. 37 of 1983).
(3) Muhammad Aslam Khan (Cr. Rev. No. 38 of 1983.
Through these three petitions, the petitioners have challenged the common order passed by the Special Judge (Central), Rawalpindi, dated 2nd March 1983, rejecting the petitioners' applications filed under section 249-A/ 1 265-K, Cr. D. C. For the quashment of challan cases No. 1, 2 and 3 s of 1978, respectively, qua themselves, but not in respect of the other accused named therein.
2. The two petitioners before me are Provincial Government employees. A case was registered vide F. I. R. No. 1, dated 7th July, 1976 at Police Station F. I. A. Headquarters, Islamabad, regarding certain irregularities committed in the Food Department. On 29th November, 1976, a number of incomplete challans were filed before the Special Judge (Central), Lahore, against the petitioners and others. In all the incomplete challans of employees of both the Provincial and Central Governments were named as accused, apart from other private persons. On 12th February, 1977 the Government of the Punjab issued the under noted Notification with regard to the trial of the said cases :- ---No. Judl-1-6(1)77.-In exercise of the powers conferred by sub--section (1) of section 3 and subsection (1) of section 4 of the p. C. L. Amendment Act, 1968, the Governor of the Punjab is pleased to appoint Special Judge (Central), Lahore, as the . Special Judge to try the following cases ---Case F. I. R. N0. 1, dated 7th June, 1976 under sections 409; 420, 468 and 471, P. P. C. And section 5(2) of P. C. A. 1947, read with section 199, P. P. C., P. S. F. I. A, Headquarters. Islamabad. (Commonly known as the Wheat Scandal case)."
By order of the Governor of Punjab.
(Sd.) ASAD ALI SHAH, Secretary to Government of the Punjab Home Department."
On 26th July, 1977, the Government of the Punjab issued a further Notification with regard to the trial of the said cases as under:-- ---No. Judl-1-6(1) 76.-In partial modification of Notification of this Department bearing even number, dated the 12th February, 1977 and in exercise of the powers conferred by subsection (1) of Section 3 and subsection (1) of section 4 of the Pakistan Criminal Law Amendment Act, 1958 the Governor of the Punjab is pleased to appoint Special Judge (Central), Multan, as Special Judge to try the following cases :- ---Case F. I. R. No. 1. Dated 7th July, 1976, under section 409/420/468/471; P. P. C. And section 5(2) of the Prevention of Corruption Act, 1947, read with section 109, P. P. C., P. S. F. I. A. Headquarters, Islamabad (Commonly known usthe---Wheat Scandal Case)."
By order of the Governor of the Punjab (Sd.) ASAD ALI SHAH, Secretary to Government of the Punjab, Home Department.
In October, 1977., Mr. Manzoor Hussain Malik was Special Judge (Central) with Headquarters at Multan. On 13th October, 1977, the Federal Government shifted the Special Judge (Central), Multan, to Rawalpindi and gave him jurisdiction to try offences committed in the Sargodha and Rawalpindi Divisions of the Province of the Punjab under the Pakistan Criminal Law Amendment Act, 1958. This Notification read as follows :- ---No. F. 16(4)176 AI.-In exercise of the powers conferred by sub--section (1) of section 4 of the Pakistan Criminal: Law Amendment Act 19 4 (XL of 1958) and in supersession of this Ministry's Notification No. F. 12(2)/75-AI, dated 4th June, 1977, the Federal Government is pleased to direct that Mr. Rao Iqbal Ahmad Khan Special Judge (Central) with headquarters at Lahore, shall have jurisdiction to try offences under the said Act in the Lahore, Multan and Bahawalpur Divisions of the Province of the Punjab, with immediate effect.
No. F. 16(4)/76-Al (1).-In exercise of the powers conferred by sub section (1) of section 4 of the Pakistan Criminal Law Amendment Act, 1958 (XL of 1958) and in supersession of this Ministry's Notification No. F. 12(2)/75-A(I), dated 4th June, 1977, the Federal Government is pleased to direct that Mr. Manzoor Hussain Malik, Special Judge (Central) with headquarters at Rawalpindi shall have jurisdiction to try offences under the said Act in the Sargodha and Rawalpindi Divisions of the Province of the Punjab with immediate effect.
(Sd.) G. S. Ghanghro, Joint Secretary to the Government of Pakistan."
In April, 1978, a number of completed challans were filed before the Special Judge (Central), Rawalpindi. Challans Nos. 1 of 1978, 2 of 1978 and 3 of 1978 relate to the petitioners' cases. In the said challans, the two petitioners are arraigned as accused, apart from others. No Federal Government employee is arraigned as accused in any of these three cases.
3. It is the case of the petitioners that after the jurisdiction of the Special Judge (Central), Multan, was transferred to Rawalpindi, the Special Judge (Central), Rawalpindi, had no jurisdiction to try their cases, as he was not especially entrusted to deal with cases arising out of F. I. R. No. 1, dated 7th July, 1976.
4. It is the case of' the learned Assistant Advocate-General, Punjab who appears for the Provincial Government and Mr. Ghulam Hussain, Assistant Director, F. I. A. Lahore, who appears for the Federal Govern--ment, that the Notification of 13th October, 1977 and further Notifications that follow later, give the Special Judge (Central), Rawalpindi, jurisdiction to deal with these cases.
5. I have heard the arguments of the learned counsel for the peti--tioners and the respondent and have also perused the record. Under Section 3 of the Pakistan Criminal Law Amendment Act, 1958, the appropriate Government can, by Notification in the official Gazette, appoint as many Special Judges as it may consider necessary to try and punish offences specified in the Schedule. The qualifications on the Special Judges to be appointed are laid down in the said section. Under section 4 of the same Act, the appropriate Government, by Notification in the official Gazette, has to fix the territorial limits of the jurisdiction of the Special Judges that are appointed by it, so that they may take cognizance of offences committed or deemed to have been committed within such limits, as are triable under the Act. According to standard practice, appointments are made by specifying the names of the officers appointed, the headquarter towns where they are to hold their offices and the territorial limits of their jurisdiction. The appropriate Government in respect of employees serving in connection with the affairs of a province, is the Provincial Government concerned and that in respect of persons serving in connection with the affairs of the Federation, etc., is the Federal Government. Initially, when the first Notification of 12th February, 1977 was issued, the incomplete challans which were filed in Court covered both provincial and Federal Government employees. In February, 1977, the Special Judge (Central), Lahore, was Rao Iqbal Ahmad Khan and by his Notification of appointment, which appointed him by name and was issued by the Federal Government, he had jurisdiction to deal with offences committed by Federal Government employees within the Rawalpindi and Lahore Divisions. The Provincial Government, by its Notification of 12th February, 1977, appointed the Special Judge (Central), Lahore, as the Special Judge to try all cases arising out of F. I. R. No. 1 dated 7th July, 1976. Vis-a-vis Provincial Government employees. It, thus nominated by designation and not by name the said Special Judge of the Federal Gov--ernment having his headquarters at Lahore to act as its Special Judge to try all Provincial Government employees who were involved in cases that arose out of F. I. R. No. 1 dated 7th July, 1976. Under section 4(1) of the Pakistan Criminal Law Amendment Act, 1958, it did not specify that the territorial limits of the jurisdiction possessed by the said Special Judge, as was fixed for him by the Federal Government, would apply to him vis-a-vis all cases arising out of the said F. I. R. In these circumstances, at best, it can only be stated that the Special Judge (Central), who was posted at Lahore, alone had the jurisdiction to try all Provincial Government employees involved in cases arising out of the said F. I. R. The same would be the effect of the second Notification that was issued on 26th July, 1977, appointing the Special Judge (Central), Multan, to try the said cases. After 13th July, 1977, when the Headquarter of the Special Judge (Central), Multan, was shifted to Rawalpindi, it cannot be inferred that the Special Judge (Central), Rawalpindi, had the Jurisdiction to try all cases arising out of the said F. I. R. At Rawalpindi. In the absence of a proper Notification, like the earlier one of 12th February, 1977, or 26th July, 1977, authorising the Special Judge (Central), with Headquarters at Rawalpindi, to try all cases arising out of the said F. I.
R., the said Special Judge (Central), Rawalpindi, has no jurisdiction, at least vis-a-vis the present two petitioners, who are Punjab Government employees, to try them. Had there been any Federal Government employee in the present three challan cases, this trial by the Special Judge (Central), Rawalpindi, would be in order, as the present Special Judge, under his own Notification of appointment issued by the Federal Government, has his territorial limits for Federal Government employees defined, which includes the Rawalpindi Division. These territorial limits, which are fixed by the Federal Government and apply to the Federal Government employees, ipso facto do not apply to the Provincial Government employees, if he is nominated as their Special Judge, unless the Provincial Government also expressly states that the limits of the territorial jurisdiction fixed for Federal Government employees will also apply for the Provincial Govern--ment employees, whose cases are entrusted to him. Presently the last Notification of 26th July, 1977, only gives the Special Judge (Central) if any posted at Multan, the jurisdiction to try the present petitioners, who are Provincial Government employees, in cases arising out of the F. I. R. Referred to in that Notification.
In this view of the matter, the proceedings as and from 13th October, 1977, vis-a-vis the present petitioners, who are Provincial Government employees, in the three challan cases before me, appear to be without lawful authority and deserve to be quashed.
6. For the foregoing reasons, this petition is accepted and the pro--ceedings qua the petitioners, who are Punjab Government employees, in the three cases before me, as and from 13th October, 1977, are without lawful authority and are hereby quashed. Nothing herein contained shall prevent the Provincial Government from bringing out a fresh Notification, in which case proceedings may be commenced against the petitioners, as provided by law. Nothing herein contained shall prevent the Government from trying the other accused in the present challan cases or shall prevent the Special Judge (Central), Rawalpindi, from transferring these cases to the ordinary criminal Court for disposal, in case no further Notification is issued in his favour and he considers the said step legal and proper.