Law:

Section:

(a) Martial Law (Pending Proceedings) Order, 1972 (P. O. 14)---Arts. 3, 4 read with Constitution of Pakistan (1972), Arts. 280(1)(2), (3), (4) & (8)-President's Order 14 of 1972-An existing law within meaning of Art. 280(8) of 1972 Constitution-Case could not be regarded as not pending merely for reason of conviction and sentence not being confirmed by Governor-Special Military Court having done all it was required to do, hearing entire evidence in case and closing address of accused appellant, recording its finding and sentence and such finding and sentence duly forwarded to Governor, confirming authority, contention that confirmation by Governor subsequent to revocation of Martial Law was ineffective over­ruled. P. O. 14 of 1972 is an "existing law" within the meaning of clause (8)s of Article 280 of the Interim Constitution of 1972 according to which "existing-. laws" mean: "All laws (including Ordinances, Orders-in-Council, Orders, Rules, bye-laws, regulations and letters patent constituting a High Court, and any notification and other legal instruments having the force of law) in force: fn Pakistan or any part of Pakistan, or having extra-territorial validity, imme­diately before the commencing day." Accordingly Order 14 of 1972 continued to remain in focce as "existing laws" under clauses (1) and (2) of Article 280 not being one of the orders listed for repeal in the Sixth Schedule to the Interim Constitution. While the Provisional Constitution Order having been issued by C. M. L. A. pursuant to the Proclamation of the 25th March 1969 stood repealed with the coming into force of the Interim Constitution, but P. O. 14 of 1972 seas saved as "existing law" under clauses (1) and (2) of Article 280 of the Interim Constitution. The order according to its preamble, was designed to provided for "the disposal on and after the appointed day of cases which may be pending before the Martial Law Authorities immediately before that date. The short question, therefore, whether the case against the appellant could be regarded as "pending" on the appointed day, merely because his, conviction and sentence in the absence of confirmation by the Governor had not taken…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492