| Citation(s) |
|---|
| 1957 SLG 134 1957 SLD 134 = 1957 PLD 1 |
Supreme Appellate Court, Pakistan
Constitutional Criminal Appeals Nos. 1 and 2 of 1956, decided on 24th November 1956. (On appeal from the judgments and orders of the High Court of Judicature at Dacca in East Pakistan, dated the 150 August 1956, in Writ Petitions Nos. 134 of 1956 and 138 of 1956 respectively).
Present: Muhammad Munir, C. J., M. Shahob-ud-Din, A. R. Cornelius, Muhammad Sharif and Amir-ud Din Ahmed, JJ
Faiyaz Ali, Attorney-General of Pakistan (Abdul Bye, Advo cate, Supreme Court with him), instructed by M. Siddiq, Attorney for Appellants. Nazir-ud-Din Ahmad and Hamid-ul-Haq Senior Advocates Supreme Court (Abu Muhammad Abdullah, Advocate, Supreme Court with them), instructed by Shahab-ud-Din Ahmad, Attorney for
Respondents.
Constitutional Criminal Appeals Nos. 1 and 2 of 1956, decided on 24th November 1956. (On appeal from the judgments and orders of the High Court of Judicature at Dacca in East Pakistan, dated the 150 August 1956, in Writ Petitions Nos. 134 of 1956 and 138 of 1956 respectively).
Present: Muhammad Munir, C. J., M. Shahob-ud-Din, A. R. Cornelius, Muhammad Sharif and Amir-ud Din Ahmed, JJ
Faiyaz Ali, Attorney-General of Pakistan (Abdul Bye, Advo cate, Supreme Court with him), instructed by M. Siddiq, Attorney for Appellants. Nazir-ud-Din Ahmad and Hamid-ul-Haq Senior Advocates Supreme Court (Abu Muhammad Abdullah, Advocate, Supreme Court with them), instructed by Shahab-ud-Din Ahmad, Attorney for
Respondents.
THE CHIEF SECRETARY TO THE GOVERNMENT OF EAST PAKISTAN-Appellant
VERSUS
MOSLEM-UD-DIN SIKDAR AND ANOTHER-Respondents AND THE CHIEF SECRETARY TO THE GOVERNMENT OF EAST PAKISTAN-Appellant Versus MUHAMMAD GULZAR HUSSAIN AND ANOTHER ----Respondents
Law:
Section:
P L D 1957 Supreme Court (Pak.) 1 (a) Constitution of Pakistan----- -----Fifth Schedule, Provincial List, t Items 43, 91, 92--Food-stuffs covered by expression "goods"------Provincial Legislature competent to legislate for control of movement and distribution of foodstuffs-East Pakistan Food (Control of Movement and Distribution) Ordinance (XII of 1956)--Intro vires Constitution of Pakistan, Fifth Schedule Concurrent List, Item No. 7. Food-stuffs fall within the expression "goods" used in Entry No. 43 of the Provincial List and therefore the Provincial Legis lature is within its powers in legislating for the control of move ment and distribution of food-stuffs. By virtue of entries 91 and 92 in the Provincial List, offences arising out of matters relating to the movement and distribution of food-stuffs, and the jurisdiction and powers of all Courts except the Supreme Court in relation to these matters are also within the competence of the Provincial Legislature. Held, that the East Pakistan Food (Control of Movement and Distribution) Ordinance (XII of 1956) was intra vires the Governor. Further, that the aspect of "price control" (Concurrent List, Item No. 7) provided by the Ordinance may be regarded as an instrumentality in the furtherance of equitable distribution of food-stuffs. (b) Constitution of Pakistan------ ------Art. 110-Provincial enactment void for lack of assent of President only to extent of repugnancy. An Act of the Provincial Legislature in the concurrent field is hit to the extent that the subject in question is already covered by legislation. It is not void merely by reason of being an enactment In the concurrent field. It is only void, for lack of assent, to the extent of repugnancy. (c) East Pakistan Food (Control of Movement and Distribution) Ordinance (XII of 1956)-------- -----Ss. 11, 12(2), 13, 14, 18-Not overriden by corresponding provisions of Criminal Procedure Code (V of 1898) Criminal Procedure Code (V of 1898), Ss. 1 (2) and 5(2). Sections 11, 12 (2), 13, 14 and 18 of the East Pakistan…