Law: Constitution of Pakistan, 1962

Section:

  Constitution of Pakistan, 1962, Arts. 79 & 225-Ordinance promulgated before coming into force of Constitution and kept in force by Art. 225-Approval by Provincial Legislature under Art. 79, not necessary-East Pakistan Public Safety Ordinance (LXXVIII of 1958).   East Pakistan Public Safety Ordinance (LXXVIII of 1958), S. 31-Riotin.e on large scale by large number of people-Collective fine imposed by notification-Reference, in notification, to actual acts resulting in damage to property-Not necessary.   East Pakistan Public Safety Ordinance (LXXVIII of 1958), S. 31-Provisions attracted only where prejudicial acts, defined in Ordinance, continue to be committed in particular locality-Single incident of an abrupt or sporadic nature-Does not justify imposition of collective fine. JUDGMENT   SATTAR, J.-The petitioner, Abu Farid Khan, who is a resident of Mahalla Satpai within Netrokona Police Station in the District of Mymensingh obtained a rule nisi on the Province of East Pakistan, the Deputy Commissioner, Mymensingh and Mr. M. A. Karim, a Magistrate of the 1st Class, to show cause why it should not be declared that the imposition of collective fine by Notification No. 213 Poll. (II), dated the 12th of October 1962, published in the Dacca Gazette Extraordinary, dated the 13th of October 1962, was without any legal effect.   The petitioner's case shortly stated, is that on the 7th October 1962 the student community of Netrokona Sub-Division held a protest meeting at Netrokona in respect of its grievances against the Government. Amongst the students who came by train to attend this meeting, three were detected to travel without ticket and were arrested at Shyamgunj railway station. The Magistrate of the Mobile Court who was on the train refused to release the arrested students when others offered to pay the railway fare and fine at Netrokona. The train departed for Mohanganj and on its return journey four more students were arrested on the same charge. When the train reached Netrokona from Mohanganj, the protest meeting was over and the students requested the Magis trate to release all the arrested persons on accepting all charges…