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This matter comes before the Supreme Court of Pakistan on a petition for leave to appeal arising from a judgment of the High Court regarding the interpretation of Section 3 read with Section 25 of the West Pakistan Criminal Law (Amendment) Act. The core legal question examined is whether it is incumbent upon the Commissioner to grant a hearing to an accused person before making an order of reference of their case to a Tribunal. The Supreme Court held that the argument of the learned Advocate General raising a question of law for final determination is supported, and accordingly granted leave to appeal. Additionally, the Court granted a prayer for a stay of the Full Bench's direction requiring cases to be returned to the Division Benches for disposal pending the final decision of the appeal. The key principle laid down is that substantial questions regarding statutory interpretations of administrative hearing requirements under the Act warrant a full determination by the apex court, justifying interim stays to preserve the status quo.
- Is it incumbent upon the Commissioner to grant a hearing to an accused person before making an order of reference to a Tribunal under the West Pakistan Criminal Law (Amendment) Act?
- Whether leave to appeal should be granted when a substantial question of law arises regarding the interpretation of statutory hearing requirements?
- Section 3, West Pakistan Criminal Law (Amendment) Act
- Section 25, West Pakistan Criminal Law (Amendment) Act
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.