Case Details

Citation(s)
1982 SLG 379 1982 SLD 379 1982 SCMR 551
Supreme Court of Pakistan
Civil Petitions for Special Leave to Appeal Nos. 175, 184, 185 to 197, 230, 231, 235 and 236 of 1982, decision dated: 17-03-1982
NASIM HASAN SHAH AND M. S. H. QURESHI, JJ
Dilawar Mahmood, Senior Advocate Supreme Court (only in C. P. 175/82), Rana Abdul Majid, Advocate Supreme Court and Sh. Abdul Karim, for Petitioners (in all C. Ps.) Tanvir Ahmad, Advocate General (Punjab) for
Respondents.

MUHAMMAD HAROON

VS

DISTRICT FOOD CONTROLLER AND OTHERS

Law:

Section:

(a) Martial Law Instructions, 1977 [Zone A]---No. 22 read with Provisional Constitution Order 1981, Art. 15(ii)--Martial Law Instructions - Status of - Provisions of Martial Law Instruction No. 22 being expressed with precision and possessing generality so as to be capable of application to a large number of cases, such Instructions held, can be regarded as rules and equated with them within meaning of Art. 15(ii) of Provisional Constitution Order (1 of 1981). [Interpretation of statutes]. Khan Faizullah Khan v. Government of Pakistan and another P L D 1974 S C 291; Pakistan v. Abdul Hamid P L D 1961 S C 105; Province of West Pakistan v. Din Muhammad P L D 1964 S C 21; Government of Pakistan v. A. A. Aziz P L D 1966 S C 188 and Habibur Rehman v. West Pakistan Public Service Commission P L D 1973 S C 144 ref. (b) Martial Law Instructions, 1977 [Zone A]--- ---No. 22 read with Provisional Constitution Order (I of 1981), Art. 15­ Martial Law Instruction No. 22-A complete code on subject-Mention of certain functionaries. in such Instructions made to utilize them for en­forcing provisions of Instruction and securing its due implementation ­Action taken by such authorities-To be construed as action taken under Instructions-Action taken under instructions consequently, held, falls under Art. 15 of Provisional Constitution Order, 1981 and jurisdiction of High Court and Supreme Court ousted in matters dealt with thereunder. (c) Martial Law Instructions, 1977 [Zone A]--- - No. 22, Arts. 8 & 9-Show cause opportunity-Whether aggrieved person issued a show-cause notice or not before cancelling his authoris­ation-A question of fact-Action purporting to have been taken under Martial Law Instruction No. 22-Presumed to have been taken in compliance of its provisions-Validity of action to be judged according to tenor of order-Order purporting to have been passed under such Instructions - Immune from challenge - Petitioners if feeling aggrieved with impugned order on ground of no show cause opportu­nity having been afforded to them, they, held, should have filed appeal to authority superior to one passing such order.-[Interpretation of statutes-Natural justice, principle of].…
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