Law:

Section: Art. 2 (4)

Laws (Continuance in Force) Order (I of 1958), Art. 2 (4) ----Writ petitions filed under Art. 2 (4) pending at time of promulgation of Constitution of Pakistan (1962)-May be decided in accordance with provisions [though repealed by Constitution of Pakistan (1962)] of Laws (Continuance in Force) Order, 1958-Constitution of Pakistan (1962), Arts. 225 (2), 250 read with Art. 98-Constitution of Pakistan (1956), Art. 170-General Clauses Act (X of 1897), S. 6 ---- Interpretation of Statutes ---- Retrospective operation-Principle.   Sub-Article (2) of Article 225, Constitution of Pakistan, 1962 repeals the Laws (Continuance in Force) Order, 1958. What is the effect of the repeal is provided in Article 250 of the Constitution (1962), which provides in substance that where a law is repealed by that Constitution, the repeal shall not affect any right or liability or privilege acquired or accrued, or affect any legal proceedings or remedy in respect of such right or privilege, and such legal remedy or proceeding may be con tinued or enforced as if the law had not been repealed.   Article 250 is similar to section 6 of the General Clauses Act, 1897, which is also a provision relating to the effect of repeal of a statute, but the words of limitation : "unless a different intention appears" which find place in section 6, have been omitted in Article 250 of the Constitution. Thus Article 250 expressly provides for continuance of legal proceedings already instituted under the Laws (Continuance in Force) Order, despite the repeal, and the writ petitions filed under its provisions will continue to be decided under it.   Where a statute affects existing rights, its provisions are not to be held as retrospective in operation, unless a clear intention to the contrary is manifest.   On general principles also, Article 98, Constitution of Pakistan (1962), cannot be interpreted as having retrospective effect, and it is not to affect the writ petitions which were pending before the Constitution of 1962 came into force on the 8th of June 1962.   Muhammad Ishaq v. The State P L D 1956 S C 256 ; The Colonial Sugar Refining Co. Ltd. v. Irving 1905 A C 369…