Law: Defence of Pakistan Rules, 1971

Section: R. 32(l)(b)

Law: Constitution of Pakistan, 1973

Section: 233(2)

Defence of Pakistan Rules, 1971 -R. 32(l)(b) and Constitution of Pakistan (1972) Arts. 10(4) & 2011 and Constitution of Pakistan (1973), Art 233(2)-Person proceeded against under r. 32(1)(6), Defence of Pakistan Rules, 1971 on 6-1-73 detained for indefinite period and case not referred to Review Board constituted under Art. 10(4), Constitution of Pakistan (1972) Order of detention impugned as violating Fundamental Right con tained in Art. 10 Constitution of Pakistan (1972)-Contention by Government that right contained in Art. 10 suspended by order of' President under Art. 233(2) dated 1-8-73-Held: Order of President does not suspend Fundamental Rights; only the right to move Court for enforcement of Fundamental Right has been suspended--Proceeding taken that provision of Art. 10, Constitution of Pakistan (1972) violated-Such proceeding is not tantamount to, praying for enforcement of Fundamental Right-Notwithstanding embargo put on citizen against enforcement of Fundamental Right,. State would still be bound not to make any law, or executive to take any action, in contravention of provisions of Constitution Detenus detained for indefinite period and case not referred to Review Board as required by Fundamental Right No. 10, Constitution of Pakistan, (1972)-Detention, held, without lawful authority and of no legal effect. A careful reading of the Order of President issued under Clause (2) of Article 233 of the Constitution of Pakistan, (1973) would show that the rights, which have been styled therein as Fundamental Rights, are not suspended; only the right to move any Court for the enforcement of these rights has been suspended. It would thus be clear that Fundamental Right No. 10 contained in (Constitution of Pakistan (1972) continues be in force and consequently the State would have no right to make any law or to take any executive action in contravention of what has been provided therein. It is true that so long as the Proclamation of Emergency is in force, this Court would have no jurisdiction to entertain any proceedings in which the enforcement of such right is prayed for, or which involves the determination of any question as to the enforcement of…