1989 P Cr (PLP)
SHAMSHER ALI‑‑Petitioner Versus THE STATE‑‑Respondent
| Citation | 1989 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | Afrasiab Khan, J |
| Parties | SHAMSHER ALI‑‑Petitioner Versus THE STATE‑‑Respondent |
| Primary Law | West Pakistan Control of Goondas Ordinance (XXXV of 1959)‑‑ |
Q1: What are the key laws and sections cited in 1989 P Cr (PLP)?
This judgment primarily cites: West Pakistan Control of Goondas Ordinance (XXXV of 1959)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: Afrasiab Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 P Cr (PLP) (SHAMSHER ALI‑‑Petitioner Versus THE STATE‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Rafiq Javed Butt for Petitioner.
- Date of hearing: 20th November, 1988.
Headnotes / Summary
‑‑‑Ss. 13 & 14‑‑Constitution of Pakistan (1973), Art. 199‑‑Quashing of proceedings‑‑Accused not a previous convict‑‑Proceedings under the Ordinance quashed in circumstances. Amir Hussain Gillani v. State 1979 P Cr. L J 1018 ref. Rana M. Arshad Khan, AA.‑G. and Farooq Bedar, AA.‑G. for the State.
Judgment & Decree
Amir Hussain Gillani v. State 1979 P Cr. L J 1018 ref. Rafiq Javed Butt for Petitioner. Rana M. Arshad Khan, AA.‑G. and Farooq Bedar, AA.‑G. for the State. Date of hearing: 20th November, 1988. The petitioner Shamsher Ali has moved this Constitutional petition praying therein that the proceedings initiated in the case titled State v. Shamsher Ali alias Sheri under section 13/14 of the West Pakistan Control of Goondas Ordinance, 1959 pending before the Assistant Commissioner with powers of tribunal under the said Act, may be quashed by declaring the same without lawful authority and of no legal consequence.
2. It is contended by the learned counsel that the petitioner is not a previous convict. He submitted that the S.H.O. Police Station City Kasur respondent No. 2 has relied upon 8 cases which were registered against the petitioner but he has been acquitted in all the cases except the one mentioned at serial No.8 of Annexure `A' which is pending adjudication in the Court of Mr. Gulzar Ahmad Bhatti, Magistrate Section 30 Kasur and that the proceedings initiated against the petitioner are the result of mala fide on the part of said respondent.
3. The learned Additional Advocate‑General has forcefully contended that this very point now being raised and argued before this Court should be raised by the petitioner before the learned trial Court and the relief sought for by the learned counsel can be granted by the tribunal. He argues that the writ petition on the face of it is premature and as such the same should be dismissed.
4. The learned counsel has placed reliance on the rule laid down in Amir Hussain Gillani v. State 1977 P Cr. L J 1018 wherein it was held that in order to commence proceedings under section 13/14 of the West Pakistan Goondas Ordinance, 1959 prerequisite is that the person proceeded against should be a previous convict. The petitioner is admittedly not a previous convict. Therefore, respectfully following the rule laid down in the abovementioned authority, I proceed to quash the proceedings initiated against 'the petitioner, referred to above. Consequently, the petition succeeds and is allowed leaving the parties to bear their own costs. S.A./S‑321/L Petition accepted.