| Citation(s) |
|---|
| 1971 SLG 761 1971 SLD 761 1971 PCRLJ 192 |
Sindh High Court
Writ Petition No. 414 of 1967 Petitions Nos. 349/67
ILLAHI BAKHSH KHAMISANI AND DORAB PETEL, JJ
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Writ Petition No. 414 of 1967 Petitions Nos. 349/67
ILLAHI BAKHSH KHAMISANI AND DORAB PETEL, JJ
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Muhammad Aslam Naz
VS
District Magistrate, Karachi And Another
Law:
Section:
Keywords: Invalid, Orders, National Assembly, Proclamation, Costs, Cease, Place, Validity, Existing Law, Provisions, Continuance In Force, Notification, Provincial Legislature, Ultra Vires, Government, Patent, Provincial Assembly, Period, Constitution Of Pakistan, Constitution, High Court, Division, Petition, Province, Order, Appropriate Legislature Result: Petitions dismissed JUDGMENT DORAB PATEL, J.-In all these petitions, the petitioners have challenged the validity of the orders passed against them under the Karachi Control of Disorderly Persons Act, 1952 (hereafter called the said Act) on the ground that the said Act is an invalid piece of legislation. Counsel for all the petitioners have conceded that they wish to press their petitions on the sole ground that the said Act is no longer valid or in force, therefore, it is not necessary to discuss the facts of each petition and we shall dispose of all the petitions by this judgment. 2. In order to appreciate the arguments of learned counsel, it is necessary to set out the history' of the said Act. The said Act was promulgated on the 28th of April 1952 by the Central Government when Karachi was the Federal Capital and section 1 of the said Act stated :- 1. (1) This Act may be called the Karachi Control of Disorderly Persons Act, 1952. (2) It shall come into force at once, and shall continue in force for five years. By Ordinance II of 1957 the Central Government amended subsection (2) quoted above, deleted the words "for five years" and substituted them by "up to and inclusive of 30th April 1962". This Ordinance was approved in due course by the National Assembly and received the President's assent as Act No. XXX of 1957. Thus the said Act was valid up to 30th April 1962. On the 30th April 1962, during the pendency of Martial Law, the Governor of West Pakistan promulgated Ordinance XV of 1962 by which subsec tion (2) of section 1 of the said Act was again amended, so that the figure `1962' was deleted and substituted by the figure `1963'. In the result the Act was extended to 30th April 1963. On 30th April 1963 another Ordinance being Ordinance No. VII of 1963 was promulgated by the Governor, whereby the…
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