Law: Security of Pakistan Act, 1952

Section: 8

Law: Constitution of Pakistan, 1973

Section: 7(4),224(2),7

(a) Security of Pakistan Act (XXXV of 1952)----- ----S. 8---­Deletion of provision for six-monthly review by Central Govern­ment, of detention orders under S. 3 (1) (b)-Ultra vires the President-Adaptation (Security Laws) Order (President's Order (VIII of 1956), S. 2, Sch. Cl. 3 (6)-Constitution of Pakistan, Art. 224 (2)-"Adaptation"-Scope of-Constitution of Pakistan, Art. 7(4). Held, that while amendment, by Adaptation (Security Laws) Order (President's Order VIII of 1956), of section 3 of the Security of Pakistan Act (XXXV of 1952) by the insertion of subsection (8) providing, consistently with Article 7 (4) of the Constitution, for a three-monthly examina­tion of a detenu's case, was perfectly in order there was no warrant for the deletion of the provision, from section 8 of the Security of Pakistan Act (XXXV of 1952), laying an obligation on the Central Government to review its order every six months and to inform the detenu of the result of such review. Deletion of this provision by section 2, Schedule clause 3 (6) Adaptation (Security Laws) Order (VIII of 1956) was ultra vires the powers of the President under clause (2) of Article 224 of the Constitution. The provision therefore must be regarded as still standing in the Act intact. Where, therefore, the Central Government had not also complied with the statutory obligation of six-monthly reviews in respect of detention orders, prescribed by section 8 of the Security of Pakistan Act, detention of the detenus was held illegal. Held further, that the word "adaptation" in Article 224 (2) of the Constitution of Pakistan did not include the making of fresh laws and was confined to the making of verbal changes in a law to suit its provisions to the changed con­ditions. By virtue of clause (2) of Article 224 of the Constitu­tion, the President could not make any but verbal changes in the relevant law so as to bring it into consonance with the Constitutional provisions. Remington Rand of Pakistan Ltd. v. The Islamic Republic of Pakistan P L D 1957 S C 170 and Jibendra Kishore v. The Province of East Pakistan P L D 1957 S C 9 rel. (b) Personal liberty---- ---Statute imposing restrictions on­ Provisions must be…

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