Law: Evidence Act (I of 1872)

Section: 57

Law: Defence of Pakistan Ordinance, 1971

Section: 281, 31, 3

Law: Constitution of Pakistan, 1962

Section: 3, 8

(a) Evidence Act (I of 1872), S. 57-Facts of which Court can take judicial notice-Pamphlet Issued by the office of public infor mation of the U. N. O. (United Nations Organisation)-Not an appropriate book or document of reference in relation to a matter of public history of which Court can take judicial notice-Nor can any such notice be taken of a newspaper report. (b) Defence of Pakistan Ordinance (XXX of 1971) and Con stitution of Pakistan, (1972), Art. 281 - Defence of Pakistan Ordinance, a "law" within the meaning of sub-Art. (1) of Art. 281 of Constitution. Since the Defence of Pakistan Ordinance, 1965 would be a 'law' within the meaning of sub-Article (1) of Article 281 of the Constitution of Pakistan, (1972) the validity of the Ordi nance itself cannot be questioned. It is to be noted that while sub -Article (1) declares valid as having been made by a competent authority all Proclamations, President's Orders, Martial Law Regulations, Martial Law Orders, and all other laws, the expres sion used in sub-Article (2) is wider. Under the latter sub- Article, not only orders made, proceedings taken and acts done in exercise of President's Orders, Martial Law Regulations, enactments, notifications, rules, orders or bye-laws, but even those purported to have been so made, taken or done, and all made in exerciso of such powers or in purported exercise of such powers are also deemed to have been validly made. [p. 144]C et seq. Asma Jilani's case P L D 1972 S C 39. (c) Defence of Pakistan Rules, 1971, r. 31 and Defence of Pakistan Ordinance (XXX of 1971), S. 3-Contention that no rule of the kind of r. 31 was at all necessary for ensuring various purposes mentioned in subsection (1) of S. 3 of the Ordinance or inferable from the whole scheme of Ordinance-Held, r. 31 of the Defence of Pakistan Rules would fall under item 12 of S. 3(2) of the Ordi nance and was, therefore, not ultra vires. Where the vires of rule 31 of the Defence of Pakistan Rules, 1971 was challenged and it was urged that no rule of the kind of rule 31 was at all necessary for ensuring the various purposes mentioned in subsection (1) of section 3 of the Ordinance or…