Case Details

Citation(s)
1977 SLD 288 = 1977 PLD 604

Constitution Petition No. D-272 of 1977, decided on 4th June 1977.
Abdul Kadir Shaikh, C. J., Agha Ali Hyder, Fakhruddin G. Ebraheem, I Mahmud and Z. A. Channa, JJ

NIAZ AHMED KHAN-Petitioner

VERSUS

PROVINCE OF SIND AND OTHERS---Respondents

Law:

Section:

ABDUL KADIR SHAIKH, C. J.-----By this petition under Article 199 of the Constitution, the petitioner Niaz Ahmad Khan an Advocate of this Court, has challenged the imposition of Curfew/Martial Law in Karachi Division and Hyderabad and all actions taken thereunder, and seeks declaration that "the fatal shooting of citizens in Liaquatabad on 21st (Friday) afternoon by the Law Enforcing Agencies deployed in the area was improper, unjustified and without lawful authority" ; that "section 144, Cr. P. C. is void and unforceable", and that "imposition and/or continuance of Press censorship by the respondents [namely, (1) Province of Sind, (2) Military Administrator, Karachi Division/Hyderabad District and (3) Pakistan] in the events occurring is illegal and without lawful authority" i and therefore "a prohibitory injunction be issued to the respondents restraining them from giving directly or indirectly any effect to the afore-cited impositions/actions/orders/instructions including setting up and functioning of Martial Law Court", and "any other order or direction deemed, fit and proper in the circumstances of the case" may be issued.   While admitting this petition to regular hearing, the Division Bench of this Court, in view of several questions of constitutional importance having been raised, made a reference to the Chief Justice for the constitution of a larger Bench for hearing of this petition. It is thus that this case came up before this Full Bench.   On 16th May 1977 learned Advocate-General who appears for the Provincial Government, the first respondent, was to commence his further arguments for the second day. He, however, at the very outset brought to our notice that the Constitution (Seventh Amendment) Act, 1977 had, in the meantime, been passed -and assented to by the President, arid as a constitu tional requirement, this petition, by virtue of the mandate contained in the newly inserted Clause (4) of Article 245 of the Constitution must remain suspended for the period during which the Armed Forces are acting in aid of civil power in pursuance of that Article.   Full hearing of the case was…
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