Law:

Section:

(a) Martial Law Order, 1977 [C. M. L. A: s]---- -- No. 4 [as amended by Martial Law Order, 1977 [C. M. L. A.'s] No. 37]-Transfer of cases to Military Court-Prerequisites of maintenance of law and order or public tranquillity or expeditious disposal in public interest-Such prerequisites not duly considered before passing order for : transfer of case-Order, held, passed in mechanical manner.-[Transfer of criminal cases]. Haji Abdur Rashid and others v. State and 2 others P L D 1979 Lah. 274 ref. (b) Laws (Continuance in Force) Order (1 of 1977)- -- And Martial Law Order, 1977 [C. M. L. A.'s] No. 37-Martial Law-Jurisdiction of ordinary Courts in relation to cases registered under Penal Code-Not taken away-Order under M. L. O. 37 to be passed sparingly in very exceptional circumstances-Mere mention in transfer order that trial of case by Military Court is necessitated for maintenance of law and order or expeditious disposal in public interest, held, would not be sufficient to give jurisdiction to Military Court unless specifically brought out in order-No part of country faced with any serious law and order situation-Trial of civilians at such stage, by Military Courts for offences other than those covered by M. L.. R. or M. L. O.-Will not tend to advance or promote good of people nor be for sake of ordinary orderly running of State Main objective of Martial Law-Restoration of law and order in country and earliest possible holding of free and fair election Present law and order situation in country quite normal-Congenial for holding free and fair elections.--[ Martial Law]. Mr. Zulfikar Ali Bhutto v. The State P L D 1978 S C 40 ref.' (c) Martial Law Order, 1977 [C. M. L. A.'s]-. No. 4 [as amended by Martial Law Order, 1977 [C. M: L. A.'s] No. 37-Trial of civilians by Military Courts--Justification. Trial of civilians by the Military Courts in very exceptional circumstances may be justified, if the country is faced with serious law and order situation, so as to keep calm and tranquillity. This being not the position, High Court does not find any justification, irrespective of the fact that jurisdiction has been conferred upon the Military Courts to try civilians for…

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