Law: Azad Jammu & Kashmir Interim Constitution, 1974

Section: 41

Law: General Clauses Act (X of 1897)

Section: 6, 24

(a) Azad Jammu & Kashmir Special Courts and Disqualification Tribunals Ordinance (VIII of 1978)  Read with Azad Jammu & Kashmir Interim Constitution Act. 1974, S. 41 and General Clauses Act (X of 1897), Ss. 6 &, 24Re. enactment of Ordinance by reproduction of very tent of repealed Ordinance before expiry of prescribed period Held, in accordance with law and constitution reenactment necessitated to give continuance to establishment of Courts and Disqualification Tribu nals and legal proceedings taken thereunder. [Interpretation, of statutes]. P L D 1950 Lah. 481 ; P L D 1955 Lah. 564 ; P L D 1979 Lah. 79 and P L D 1958 S C (Pak.) 35 distinguished. . . Bindma on Interpretation of Statutes, 4th Edn., p. 635 ref. (b) Legislation  Expiration of ActHeld, different from repeal of Act:[Interpretation of statutes]. P L D 1955 Lah. 564 ref. Date of institution : 9th June 1979.                                                                                                                          JUDGMENT By these writ petitions filed by all the four brothers who had once been holders of Representative Offices and who face now proceedings taken against them by the Special Courts and Disqualification Tribunals respec tively on the complaints/references made by the Government through their authorised employees, the extraordinary jurisdiction of this Court is invoked under section 44 of the Interim Constitution of 1974 to declare that proceedings being taken against them by the Special Courts and Disqualification Tribunal arc without lawful authority and of no legal effect. Ch. Noor Hussain petitioner seeks this relief on the following grounds and so also his brothers on the same grounds in addition to some other grounds to be stated thereafter. Thus these petitions shall be dis posed of together by a single judgment (1) It is alleged by the petitioners…