| Case ID |
0940677a-0f2c-4c4e-9cda-31aceef192c0 |
| Body |
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| Case Number |
Criminal Miscellaneous No. 661 of 1949 |
| Decision Date |
Apr 03, 1950 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the petitions filed by Amir Shah and others, affirming the validity of their prior convictions under the Frontier Crimes Regulation. The Court ruled that the validating Ordinance and subsequent Act passed by the Governor of Punjab were lawful, thus validating all orders and proceedings made under the Frontier Crimes Regulation, including those affecting the petitioners. The Court highlighted that the petitioners had been released on bail due to a previous ruling indicating that the Frontier Crimes Regulation did not apply to Mianwali district, but this did not confer upon them a right to be tried under the ordinary law. The Court concluded that the power to legislate retrospectively was inherent in the Governor's authority and that the petitioners could not claim a vested right to trial under ordinary law after their re-arrest under the validating Act. |
| Summary |
The case of Amir Shah vs. Crown, decided by the Lahore High Court, revolves around the interpretation of the Frontier Crimes Regulation and its applicability to the Mianwali district. The petitioners challenged their re-arrest following a validating Ordinance aimed at confirming past convictions under the Regulation. The decision is pivotal in exploring the retrospective effect of legislative measures and the implications for rights previously established by court orders. The case underscores the balance between legislative authority and judicial decisions, particularly concerning criminal law in Pakistan. This ruling is significant for legal practitioners and scholars interested in criminal procedure and the intersection of law and governance in Pakistan, making it a relevant study for those examining the evolution of legal standards and rights. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD JAN,
M. R. KAYANI
|
| Lawyers |
Qutub-ud-Din Ahmad,
C.M. Sharif
|
| Petitioners |
AMIR SHAH
|
| Respondents |
CROWN
|
| Citations |
1950 SLD 39,
1950 PLD 221
|
| Other Citations |
(1900) 2 Chancery Division 745,
1912 A. C. 400,
(1917) 2 Kings Bench Division 374,
A. I. R. 1927 P. C. 242
|
| Laws Involved |
Pakistan Penal Code, 1860,
Criminal Procedure Code (V of 1898)
|
| Sections |
302,
491,
561,
498
|