Law: Defence of Pakistan Rules

Section: 32(1),32(b),3(l),3(2),3(x)

Law: Constitution of Pakistan, 1962

Section: 143(1),143(2),131,135(b),136(2)

  (a) Notification - Notifications signed the same day and published in same Gazette - Juxtaposition of Notifications as Govt. of published in Gazette of no importance --Notifications not West Pak invalidated --   It was argued that the delegation of powers under section 3(4), Mahmood, Defence of Pakistan Ordinance (XXIII of 1965) was ineffective as it preceded, promulgation of the Defence of Pakistan Rules:   Held, that the contention had no force, firstly because both the Notifications were published in the same Gazette and the juxtaposition of the Notifications in the Gazette is of no importance. It cannot invalidate the delegation of the power to the Provincial Government.   Where it was proved by affidavit of the Section Officer that the Cabinet Secretary signed the Defence of Pakistan Rules first and then signed the orders delegating the powers of the Central Government to the Provincial Government and that the Section Officer took both the orders to the Government Printing Press, where the numbering of the Notifications was done by the employees of the Government Printing Press:   Held, that the numbering of the. Notifications had no significance.   Syed Abul A'ala Maudoodi and others v. The Government of West Pakistan and others P L D 1964 S C 673 ref.   Defence of Pakistan Rules, r. 32(1)(b)" read with S. 3(l), (2)(x), Defence of Pakistan Ordinance (XXIII of 1965) Rule providing for detention of persons in certain circumstances not a result of `excessive delegation' of legislative functions Section 3(1), (2)(x) contain necessary guiding principles and objects to be served by Rules - (Delegation of legislative functions).   In subsections (1) and (2)(x) of section 3 of the Defence of Pakistan Ordinance, the President has himself enacted in great detail the matters in respect of which provision is to be made in the Defence of Pakistan Rules. There are also clearly discernible guiding principles and the objects to be served b the Rules to be framed. For the framing of rule 32(1)(b) there are ample guiding principles in subsections (1) and (2) of the Defence of Pakistan Ordinance. The principle is now…