Law:

Section:

(a) Removal from Service (Special Provisions) Regulation [58 of 1969]-- Para. 3 read with Constitution of Pakistan (1973), Art. 270 (1), (3) and Validation of Laws Act (LXIII of 1975), Sched.-Government servant-Removal from service-Martial Law Regulation No. 58 not finding place in Validation of Laws Act, 1975, held, not validated in terms of Art. 270 (1), Constitution of Pakistan (1973) and even validity conferred on such instruments by cl. (3) of Art. 270, expired due to prescribed period of two years having expired.-[Civil service]. Miss Asma Jilani v. The Government of the Punjab and another P L D 1'972 S C 139; State v. Zia-Rahman and others P L D 1973 S C 49 and Federation of Pakistan v. Saeed Ahmad Khan P L D 1974 S C 151 ref. Crown v. Haveli P L D 1949 Lab. 550; Habibullah v. Crown P L D 1955 Lab. 396; The State v. Eosso P L D 1958 S C (Pak.) 533; Province of Fast Pakistan v. Muhammad Mehdi All Khan P L D 1959 S C (Pak.) 387; Muhammad Afzal v. Commissioner, Lahore Division P L D 1963 S C 401; Shukar Din v. Abaidur Rehman P L D 1965 Lab. 522; Miss Asma Jilani v. Government of the Punjab P L D 1972 S C 139; State v. Zia-ur-Rehman and others P L D 1973 S C 49; Gulzar Hassan v. Islamic Republic of Pakistan P L D 1975 Lab. 1219; Grammar of Politics by Harold Laski, 1969 Edn. and Maxwell on Interpretation of Statutes, 12th Edn., p. 155 held not relevant. (b) Removal from Service (Special Provisions) Regulation [58 of 1969] --- Para. 3 read with Constitution of Pakistan (1973), Art. 270 (1), (4)Clause (4) of Art. 270-To be properly interpreted and given full effect, according to ordinary meaning of language used and not to be artificially limited in sense of controlling it by cl. (1) of Art. 270-Proceedings taken, orders made, and acts done, or purported to have been taken, made, or done under Martial Law Regulation 58, held, fall within purview of validity and immunity from judicial review granted by Art. 270 (4) - Validity and immunity from judicial review, however, enjoyed only by proceedings, orders, or acts, duly taken under law but does not extend to acts et:. being without jurisdiction coram non judice or mala fide.-[ Interpretation of statutes]. State…

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