Law:

Section:

(a) Karachi Control of Disorderly Persons Act, (XXIX of 1952) read with West Pakistan Administration (Merger of the Federal Territory of Karachi) Order, 1961 and Karachi Control of Disorderly Persons (Amendment) Ordinance (XV of 1962)-Contention that Ordinance XV of 1962, giving afresh lease of life to Karachi Control of Disorderly Persons Act, 1952, could not be validly promulgated by Governor of West Pakistan because Karachi was at the time a federal territory-Impugned Ordinance however promulgated nearly, one year after Karachi became part of West Pakistan-Governor, held, was competent to enact Ordinance XV of 1962. Karachi was the national capital and was part of federal territory when Karachi Control of Disorderly Persons Act, 1952, was promulgated. However, inn the events that happened, the capital was shifted, and by President's Order 9 of 1961, being the West Pakistan' Administration (Merger of the Federal Territory of Karachi) Order of 1961 issued in pursuance of the proclamation of the 7th October 1958, Karachi was to become part of the Province of West Pakistan from the appointed day, which was a date to be notified by-the Central Government in the official Gazette. In exercise of the powers contained in this Order, by a Notification in the official Gazette dated the 29th June 1961, the Central Government was pleased to appoint the first day of July 1961 as the date on which President's Order 9 of 1961 came into force, therefore as from 1st July 1961 Karachi became a Division of the Province of West Pakistan. Ordinance XV of 1962 was promulgated by the Governor nearly one year after Karachi had become a part of West Pakistan, therefore the Governor was held competent to enact the Ordinance XV of 1962. (b) Karachi Control of Disorderly Persons Act (XXIX of 1952)--- ---read with Karachi Control of Disorderly Persons (Amendment) Ordinance (XV of 1962) and Constitution of Pakistan (1962), Art. 79(6)-Contention that West Pakistan Ordinance XV of 1962, extending life of Karachi Control of Disorderly Persons Act, 1952, not having been placed for approval before National Assembly under Art. 79 (6) of Constitution (1962), expired after prescribed…