Case Details

Citation(s)
1987 SLG 302 1987 SLD 302 = 1987 PLD 296

Constitutional Petition No. D-128 of 1986, decided on 26th March, 1987.
Naimuddin, C. J., Abdul Qadeer Chaudhry, Muhammad Zahoorul Haq, Ally Madad Shah and Haider -Ali Pirzada , JJ

MUHAMMAD BACHAL MEMON-Petitioner

VERSUS

GOVERNMENT OF SIND THROUGH SECRETARY DEPARTMENT OF FOOD AND 2 OTHERS-Respondents

Law:

Section:

MUHAMMAD ZAHOORUL HAQ, J.-It is not necessary to go into the facts of the 14 petitions which are before us in view of the fact that the question of admission of these petitions is not before us and we are only considering the office objection in respect of maintainability of these petitions. Suffice it to say that in the 11 petitions conviction by Martial Law Courts is challenged on different grounds of illegality, malice, double jeopardy and breach of natural justice. In one petition Martial Law Order 107 is challenged to the extent of inclusion of M. L. O. 105 in the schedule of M. L. O. 107, and in one petition the order of delivery of possession of a property in pursuance of the decision of Military Court is challenged. Still another petition challenges an action as it is alleged to have defamed the petitioner.   The office has raised an objection that in view of Article 207-A of the Constitution the petitions are not maintainable. The provisions of the said Article are reproduced hereunder :-   "270-A. (1) The Proclamation of the fifth day of July, 1977, all President's Orders, Ordinances, Martial Law Regulations, Martial Law Orders, including the Referendum Orders, 1984, (P. O. No. l I of 1984), under which, in consequence of the result of the referen?dum held on the nineteenth day of December 1984, General Muhammad Zia-ul-Haq became the President of Pakistan on the day of the first meeting of the Ma jlis-e-Shoora (Parliament) in joint sitting for the term specified in clause (7) of Article 41, the revival of the Constitution of 1973 Order, 1985 (P. O. No. 14 of 1985), the Constitution (Second Amendment) Order 1985 (P. O. No. 24 of 1985), and all other laws made between the fifth day of July, 1977, and the date on which this Article comes into force are hereby affirmed, adopted and declared, notwithstanding any judgment of any. Court, to have been validly made by competent authority and, notwithstand?ing anything contained in the Constitution, shall not be called in question in any Court on any ground whatsoever;   Provided that a Pre3ident's Order, Martial Law Regulation or Martial Law Order trade after the thirtieth day of…
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