| Citation(s) |
|---|
| 1973 SLG 3166 = 1973 SLD 3166 = 1973 PLD 539 |
Lahore High Court
Writ Petition No. 455 of 1969, decided on 4th July 1972.
Presented By: Shameem Husain Kadri and M. S. H. Qureshi, JJ
Saeed Akhtar with Raja Abdur Razzaq for Petitioners. Ch. Alehraj Din for
Respondent No. 1. Ismail Bhatti for
Respondents Nos. 2 and 5. Mian Nisar Ahmed for
Respondent No. 3. Maulvi Ihsanul Haq, Government Pleader for
Respondent: No. 4.
Writ Petition No. 455 of 1969, decided on 4th July 1972.
Presented By: Shameem Husain Kadri and M. S. H. Qureshi, JJ
Saeed Akhtar with Raja Abdur Razzaq for Petitioners. Ch. Alehraj Din for
Respondent No. 1. Ismail Bhatti for
Respondents Nos. 2 and 5. Mian Nisar Ahmed for
Respondent No. 3. Maulvi Ihsanul Haq, Government Pleader for
Respondent: No. 4.
S. A. RAFT AND ANOTHER-Petitioners
VERSUS
GOVERNMENT OF WEST PAKISTAN THROUGH THE SECRETARY TO THE GOVERNMENT OF WEST PAKISTAN, LAHORE AND 4 OTHERS---Respondents
Law: Evidence Act (I of 1872)
Section: 114
Law: Defence of Pakistan Ordinance, 1965
Section: rr. 181, 182
Law: Enemy Property (Continuance of Emergency Provisions) Ordinance, 1969
Section: 2
Law: Constitution of Pakistan, 1962
Section: 29
(a) Evidence Act (I of 1872), S. 114-Presumption -Foreign mice certificate showing existence of a state of war between India and Pakistan-Conclusive evidence of existence of such state of war-Delicate political questions such as this --Lie in domain of executive Government as a matter of policy-Such questions Courts need not answer. Halsbury's Laws of England, Third Edn., Vol. XXXIX, para. 18 and Rex v. Bottrill (1947) 1 K B 41 rel. (b) Defence of Pakistan Rules, 1965, rr. 181 & 182-Enemy property, take over of-Management of factory, having its regis tered office in India taken over and vested in Custodian of enemy property-Petitioner only shareholder of Pakistan nationality acquiescing to serve under management and control of Custodian but challenging validity of take over after four years-Petitioner having acquiesced in take over, writ petition held, suffered from laches and liable to dismissal. Miss Asma Jilani v. Government of Punjab and another P L D 1972 S C 139 and M. M. Mansur All v. Arodhendu Shekhar Chatterjee P L D 1969 S C 37 ref. (c) Enemy Property (Continuance of Emergency Provisions) Ordinance (I of 1969), S. 2 & Sched. read with Constitution of Pakistan (1962), Art. 29 and Constitution of Pakistan (19721, Art. 281-Vires of legislation-Non-approval of Ordinance (1 of 1969), by Legislature due to its dissolution and pro mulgation of Martial Law-Does not render Ordinance illegal due to cover given it by Martial Law and later by Art. 281 of Constitution-Legislation being a necessary act for good of State and its subjects would not be struck down. Dates of hearing : 2nd, 4th, 5th, 8th, 9th, 10th, 11th, 12th May; 28th, 29th, 30th June and 4th July 1972. JUDGMENT SHAMEFSM HUSSAIN KADRI, J.------Okara…