| Citation(s) |
|---|
| 1974 SLG 3013 = 1974 SLD 3013 = 1974 PLD 345 |
Court of Special Judge, Karachi
H.C. Appeals Nos. 4 and 5 of 1972; 4, 24 and 44 of 1973, decided on 14th December 1973.
Presented By: Tufail Ali A. Rahman, C. J., Dorab Patel, Muhammad Haleem, Fakhruddin G. Ebrahim and Z. A. Channa, JJ
Akhtar Mahmood for Appellants (in H. C. A. 4 and 5 of 1972 and 4 of 1973). Sheikh Hyder for Appellants (in H. C. A. 24 of 1973). S. M. Raza for Appellants (in H. C. A. 44 of 1973). Attorney-General, Advocate-General (Sind) and Khalfd Ishaq on Court's notice.
H.C. Appeals Nos. 4 and 5 of 1972; 4, 24 and 44 of 1973, decided on 14th December 1973.
Presented By: Tufail Ali A. Rahman, C. J., Dorab Patel, Muhammad Haleem, Fakhruddin G. Ebrahim and Z. A. Channa, JJ
Akhtar Mahmood for Appellants (in H. C. A. 4 and 5 of 1972 and 4 of 1973). Sheikh Hyder for Appellants (in H. C. A. 24 of 1973). S. M. Raza for Appellants (in H. C. A. 44 of 1973). Attorney-General, Advocate-General (Sind) and Khalfd Ishaq on Court's notice.
ASAD ALI AND 9 OTHERS---Appellants
VERSUS
SETTLEMENT & CLAIMS COMMISSIONER, KARACHI AND ANOTHER---Respondents
Law: Constitution of Pakistan, 1962
Section: 93
Law: Law Reforms Ordinance, 1972
Section: 3(1)
(a) Constitution Interpretation-Constitution not to be interpreted in narrow technical manner-Construction leading to legal vacuum to be avoided. (b) Constitution of Pakistan (1972) Arts. 280, 281 & 295-Effect of Arts. 280 & 281 is to re-enact (however notionally) the Proclamation of Martial Law dated 25-3-69 and the Provisional Constitution Order dated 4-4-69 which have then been repealed by Art. 295-Proclamation of withdrawal of Martial Law dated 21-4-72-Issued ex abundanti cautele. The language of clause 1 of Article 281 of the Constitution of Pakistan 41972) is wide, and it validates all Proclamations and Martial Law Regulations. The National Assembly had been convened to pass the Interim Constitution, and it must be presumed to be aware of the problems arising from the end of Martial Law, therefore, the effect of clause 1 of Article 281 was to re-enact the Proclamation of 25-3-1969, and the Provisional Constitution Order and thereafter they were repealed under Article 295. This means that the Provisional Constitution Order was re-enaeted on the coming into force of the Interim Constitution and then repealed, there fore its earlier withdrawal by the Chief Martial Law Administrator lost its significance, and all proceedings pending in the Courts were saved by Article 295. Asma Jilani's case P L D 1972 S C 139 and The State v. Dosso P L D 195 S C (Pak.) 533 ref. (c) Constitution of Pakistan (1962) Art. 93 read with Provisional Constitution Order, 1969-Writ petition under Art. 98 filed in 1971 and pending on 20-4-72-Saved by cl. (e) of Art. 295, Constitution of Pakistan (1972)-Constitution of Pakistan (1972), Art. 295. (d) Law Reforms Ordinance (XII of 1972) [As amended by Law Reforms (Amendment) Act (VIII of 1972), S. 3(1)]-Confers a right of appeal against decree passed or final order made by a Single Judge in exercise of its original civil jurisdiction Judgment deciding writ petition (constitutional petition)-Not a judgment in exercise of High Court's original civil jurisdiction. The contention was that a judgment deciding a constitutional petition was a judgment in the exercise of the High Court's original civil…