Law: Punjab Public Safety Act, (XVIII of 1949)

Section: S. 3

Basic Democracies Order (18 of 1959), Second Sch., Part 11, para. 2 (f )read with Elective Bodies (Disqualifications) Order (13 of 1959), S. 5 (b) and Punjab Public Safety Act (XVIII of 1949), S. 3 - Persons detained under S. 3, Punjab Public Safety Act, 1949-Disqualied for being members of Local Council.   Persons who were detained under the Punjab Public Safety Act, 1949 and had undergone such detention for varying periods are -disqualified to be members of an elective body or to be members of Local Council under Basic Democracies Order, 1959. Such persons could escape the disqualification only if the or4er of detention was vacated by a competent Court or authority on the ground that it was not justified, as in that case it shall be deemed not to have been passed at all.   Noor Muhammad v. The Collector, Jhelum etc. P L D 1960 Lah. 481 ref.   West Pakistan Basic Democracies Election Rules, 1959, r. 55 (1)-Whether operates as statutory bar to exercise of High Court's writ jurisdiction - Laws (Continuance in Force) Order (I of 1958), Art. 2 (1)-Constitution of Pakistan (1956), Art. 170.   Where it was contended that rule 55 (1) of the West Pakistan Basic Democracies Election Rules, 1959 operates as a statutory bar in the way of the exercise of the writ jurisdiction of the High Court in the matter of elections to the Basic Democracies   Held, that the jurisdiction of the High Court is now regulated by the Laws (Continuance in Force) Order, 1958. Art. 2 (1) of this Order contemplates that notwithstanding the abrogation of the Constitution of 1956, Pakistan shall be governed as nearly as may be in accordance with the late Constitution, subject to any Order of the President or Regulation made by the Chief Administrator of Martial Law. Clause (2) of Art. 2 preserves the jurisdiction of all Courts in existence imme diately before Proclamation and Clause (4) confers on the Supreme Court and the High Courts the power to issue the writs of habeas corpus, mandamus, prohibition, quo warranto and certiorari. The jurisdiction thus conferred on the Courts can, therefore, only be taken away by an order of the President or a Regulation made by the…