Law:

Section:

(a) Gas (Theft Control and Recovery) Ordinance (II of 2014)--- ----Ss, 3, 4, 5 & 6---Constitution of Pakistan, Arts.89(2) & 199---Constitutional petition---Promulgation and expiry of Ordinance---Consequences when an Ordinance lapses and is not renewed---Question before the High Court was whether the Gas (Theft Control and Recovery) Ordinance, 2014, after expiry of the one hundred and twenty days' period since it was last extended, was still a valid law and whether proceedings could be initiated or continued under the said Ordinance---Held, that the Gas (Theft Control and Recovery) Ordinance, 2014 was last extended by a Resolution of the National Assembly on 14-5-2014, and after expiry of the one hundred and twenty days' period on 23-9-2014; it stood repealed in terms of Art.89 of the Constitution---Ordinance by its very nature was a temporary statute and a temporary statute, as distinguished from a permanent statute, remained in force for a limited period of time and after expiry of which, it ceases to operate without repeal---Power to make and promulgate an Ordinance was a legislative and not an executive power---Gas (Theft Control and Recovery) Ordinance, 2014 stood repealed at the expiration of the one hundred and twenty days from its promulgation and had not been extended by either the Senate or the National Assembly for a further period by a resolution, therefore indubitably it lost its validity on the expiration of that period as it had not been made an Act of the Parliament within the said period---High Court observed that no proceedings could be commenced or continued in the Gas Utility Courts set up by the Gas (Theft Control and Recovery) Ordinance, 2014 as the law which was the provenance of their powers did not hold field anymore and any proceedings initiated, commenced or continued under the Gas (Theft Control and Recovery) Ordinance, 2014 would be without lawful authority and ultra vires---All cases pending with the Gas Utility Court shall stand transferred to ordinary courts of plenary jurisdiction to be adjudicated upon their respective merits and proceedings be continued from the stage which they had reached before the Gas Utility Courts…

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