Law: Bombay District Police Act (IV of 1890)

Section: 43

P L D 1956 (W. P.) Karachi 529         (a) Bombay District Police Act (IV of 1890), S. 43- Order closing building for indefinite period-Repugnant to provi sions of section-Proceedings under Ss. 107, 145, Criminal P. C. already pending--Action under S. 43 of Act uncalled for-Writ of certiorari.   Held, that a Magistrate can only order, sealing or attach ment of a building for a temporary period which must be specified in the order itself. An order closing a building " till further orders " is repugnant to the provisions of section 43, Bombay District Police Act (IV of 1890).   Held, further, that it was inexpedient to take action under section 43 where an application under Section 145, Criminal P. C. had been made but was dismissed, and where proceed ings were already pending under section 107, Criminal P. C. An emergency order of the nature contemplated by section 43 was to be passed more properly by the Magistrate seized of these cases.   The order purporting to issue under section 43, Bombay District Police Act (IV of 1890) was set, aside by, issue of a writ of certiorari.   (b) Bombay District Police Act (III of 1890), 5. 43--- Conflicts with Article 11, Constitution of Pakistan.     ORDER   LARI, J.---This is d petition for issue of a writ of certiorari against Mr. Ali Jawad, City and Additional Magis trate quashing an order passed by him (respondent No. 1) under section 43 of the Bombay District Police Act, 1890.   It appears that an application under section 43, B. D. P. Act was made with the allegations that there was immediate apprehension of breach of peace in relation to the land in question. The learned Magistrate came to the conclusion that the breach was apprehended and ordered Rafiuddin, the applicant who was in possession of the land, to vacate it within a week, and further directed that the premises shall remain sealed or attached until further orders.   The main contention of the learned counsel for the petitioner is that the provision of section 43 of B. D. P. Act,' 1890 is in conflict with the provisions of section 11 of the Constitution Act and as such was void.…