| Citation(s) |
|---|
| 1957 SLD 3270 = 1957 PLD 1 |
Dacca High Court
Writ Petitions Nos. 13, 14, 23, 30, 40, 41, 69, 72, 16, 17, 19, 22,34, 35, 36, 58, 24, 26, 27, 28, 29, 31, 39, 42, 43, 44, 45, 46, 37, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 59, 60, 61, 62, 63, 64, 65, 66, 67, 6, 70, 73, 73. 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96 98, 99, 100, 101, 102, 109 and 110 of 1956, decided on 7th August 1956.
Presented By: Amin Ahmed, C. J., Ispahani and Rahman, J
P. R. Das, S. Roy, A. S. Chowdhury and A(zalul Haq (in Petitions Nos. 13 and 14 of 1956) ; K. Sen, S. Roy, A. S. Chowdhury, B. N. Chowdhury, A. T. M. Mustafa, R. K. Bhattacharjee and Afzalul Haq (in Petitions Nos. 23, 30, 40, 41, 69 and 72 of 1956); A. Siddiky, A. W. Chowdhuay, A. C. Sarkar and Afzalul Haq (in Petitions Nos. 16,17, 19, 22, 34, 35, 36, 58 and 62 of 1956); R. K. Bhattacharjee (in Petitions Nos. 24, 50, 51, 52, 53, 54, 55, 56, 57, 89, 90, 91, 92, 96 and 110 of 1956); A. S. Chowdhury and Afzalul Haq (in Petitions Nos. 26, 27, 28, 29, 31, 39, 42, 43, 44, 45, 46, 47, 48, 49, 59, 60, 63, 64, 65, 66, 67, 68, 70, 71, 73, 74, 82, 83, 83, 85, 86, 87, 88, 93 and 94 of 1956); Siddique Ahmed Chowdhury (in Petition No. 61. of 1956); Suresh Ch. Bose (in Petitions Nos. 75, 76, 77, 78, 79, 81, 95, 101 and 102 of 1956); S. M. Mofakher for A. K. M. Nurul Islam (in Petition No. 80 of 1956); N. Chowdhury (in Petitions Nos. 98, 99 and IGO of 1956) and R. R. Guha with Moinul Haq (in Petition No. 109 of 1356) for Petitioners. A. K. M. Baquer, Advocate-General, D. N. Pritt, Q. C., A. K. Brohi, M. Asir, Senior Government Pleader, S. R. Pal, Abu Muhammad Abdullah, A. Ghana, Asrarul Hossain and Mirza Gholam Hafez for
Respondents.
Writ Petitions Nos. 13, 14, 23, 30, 40, 41, 69, 72, 16, 17, 19, 22,34, 35, 36, 58, 24, 26, 27, 28, 29, 31, 39, 42, 43, 44, 45, 46, 37, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 59, 60, 61, 62, 63, 64, 65, 66, 67, 6, 70, 73, 73. 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96 98, 99, 100, 101, 102, 109 and 110 of 1956, decided on 7th August 1956.
Presented By: Amin Ahmed, C. J., Ispahani and Rahman, J
P. R. Das, S. Roy, A. S. Chowdhury and A(zalul Haq (in Petitions Nos. 13 and 14 of 1956) ; K. Sen, S. Roy, A. S. Chowdhury, B. N. Chowdhury, A. T. M. Mustafa, R. K. Bhattacharjee and Afzalul Haq (in Petitions Nos. 23, 30, 40, 41, 69 and 72 of 1956); A. Siddiky, A. W. Chowdhuay, A. C. Sarkar and Afzalul Haq (in Petitions Nos. 16,17, 19, 22, 34, 35, 36, 58 and 62 of 1956); R. K. Bhattacharjee (in Petitions Nos. 24, 50, 51, 52, 53, 54, 55, 56, 57, 89, 90, 91, 92, 96 and 110 of 1956); A. S. Chowdhury and Afzalul Haq (in Petitions Nos. 26, 27, 28, 29, 31, 39, 42, 43, 44, 45, 46, 47, 48, 49, 59, 60, 63, 64, 65, 66, 67, 68, 70, 71, 73, 74, 82, 83, 83, 85, 86, 87, 88, 93 and 94 of 1956); Siddique Ahmed Chowdhury (in Petition No. 61. of 1956); Suresh Ch. Bose (in Petitions Nos. 75, 76, 77, 78, 79, 81, 95, 101 and 102 of 1956); S. M. Mofakher for A. K. M. Nurul Islam (in Petition No. 80 of 1956); N. Chowdhury (in Petitions Nos. 98, 99 and IGO of 1956) and R. R. Guha with Moinul Haq (in Petition No. 109 of 1356) for Petitioners. A. K. M. Baquer, Advocate-General, D. N. Pritt, Q. C., A. K. Brohi, M. Asir, Senior Government Pleader, S. R. Pal, Abu Muhammad Abdullah, A. Ghana, Asrarul Hossain and Mirza Gholam Hafez for
Respondents.
JIBENDRA KISHORE AND OTHERS----Petitioners
VERSUS
THE PROVINCE OF EAST PAKISTAN----Respondent
Law: East Bengal State Acquisition and Tenancy Act, 1950
Section: 3(1),3(2),37
East Bengal State Acquisition and Tenancy Act, 1950 (XXVIII of 1951) [as amended by East Bengal State Acquisition and Tenancy (Amendment) Ordinance (III of 1956)], Ss. 3 (1) (2) & 37 ---Whether discriminatory-Whether hit by Art. 5, Constitution of Pakistan Provisions of Constitution No retrospective effect Meaning and scope of equality before law--- Validation of Laws Act 1956 Effect of Constitution enjoins equality not only in life and liberty but also in property Classification in legislation Waqf or Debutter Acquisition of Waqf land excepted by S.20 (5) of Act XXVIII of 1951 Not permissible Lands and buildings excluded by S.20 (2)(a)(b) of Act XXVIII of 1951 ---Not to be touched Constitution of Pakistan Arts. 4, 15, 25. Under subsections (1) and (2) of section 3 of the East Bengal State Acquisition and Tenancy Act 1950 (East Bengal Act XXVIII of 1951) as amended by the East Bangal State Acquisition and Tenancy (Amendment) Ordinance, 1956 (East Bangal Ordinance III of 1956) (Promulgated by the Governor of East Pakistan on the 22nd of March 1956), on the 2nd of April 1956, the Government of East Pakistan published various notifications in the Dacca Guzette (Extraordinary) to the effect that all interests of rentreceivers as well as their khas lands in the districts of the Province were acquired with effect from the 14th of April 1956. On the 13th of April 1956, a number of writ Petitions were moved against the Province of East Pakistan for writ of mandamus or writs in the nature of mandamus directing them to withdraw or rescind all these notifications mainly on the ground that sections 3 and 37 of the East Bengal State Acquisition and Tenancy Act. 1950 and those of the East Bengal State Acquisition of 1956 offended against the provisions of Article of the Constitu tion of the Islamic Republic of Pakistan. The main allegation in the petitions was one of discrimination: Section 3 Of the impugned Act gave unfettered discretion so far as he time mode and the person were concerned for it was open to the Government to acquire the interests of one rentreceiver at one time and leave out others having similar interests without any…