Law: Enemy Property (Continuance of Emergency Provisions) Ordinance, 1969

Section: 2

Law: Constitution of Pakistan, 1973

Section: 199

(a) Martial Law Regulation, 1970 [C.M.L.A's. 70] Paras. 5(1) & 6-Enemy Property (Continuance of Emergency Provisions) Ordinance (I of 1969), S. 2-Defence of Pakistan Rules, 1965, xr. 169. 181 & 182-Defence of Pakistan Rules, 1971, rr. 172, 184 & 185-Expression "order made, or action taken, in relation to an enemy property under the Defence of Pakistan Rules" in para. 5(1)-Refers to orders or actions, made or taken, under 1965 Rules, and not 1971 Rules - Orders made or actions taken, under 1965 Rules Alone challengeable under pare. 6. The sentence in para. 5(1) of M. L. R. 70 "order made or action taken an relation to an enemy property under the Defence of Pakistan Rules" has reference to order or actions made or taken under 1965 Rules, and not any Rules which may come into force at any future time unknown and were to be called the Defence of Pakistan Rules. Enemy Property (Continuance of Emergency Provisions Ordinance I of 1969 clearly stated that the Defence of Pakistan Ordinance, 1965 and Defence of Pakistan Rules, 1965 had ceased to be operative and further indicated that it was expedient to enact a law for the continuance of some of those Rules relating to the control of trading with enemy and control of enemy firms and the administration of the property belonging to them. In that context section 2 continued certain Rules and also continued the orders previously made thereunder. In this background when Para. 5(1) of M. L. R. 70 talks of orders made or actions taken under the Defence of Pakistan Rules and makes them challengeable under Para. 6 it has obvious reference to 1965 Rules and not any future Rules which nobody knew as to how they will be framed and what was to be their pattern or design etc. This is further clear from the next sentence (which has been italicised hereinafter)-contained in Para. 5(1) of M.L.R. 70 which when made with para. 6 will show that applica tion could be filed against an order made or action taken in relation to an enemy property under the Defence of Pakistan Rules, or under those Rules as continued to force by the Enemy Property (Continuance of Emergency Provisions) Ordinance l of 1969. The…