Law:

Section:

(a) Constitution--Destruction of, by successful revolutionary change in Government-Effect on prevalent law "-Validity depends upon will of new law-creating organ-Constitution of Pakistan-­Abrogation of, by President-Laws Continuance in Force, Order (Post-Proclamation') (I of 1958) Art. II cls. 1, 4 & 7, Art IV cl. I-Effect-Frontier Crimes Regulation (111 of 19013, continues in force-Pending proceedings, on writ applications based on infraction of a Fundamental right granted by abrogated Constitution, abate-Constitution of Pakistan (1956), Arts. 4, 5, 170. By the Proclamation of October 7, 1958, the President of Pakistan annulled the Constitution of 2nd March 1956, dismissed the Central Cabinet and the Provincial Cabinets and. dissolved the National Assembly and both the Provincial Assemblies. Simultaneously, Martial Law was declared throughout the country, and, Commander-in-Chief of-.the Pakistan Army, was appointed as the Chief 'Martial Law Administrator: Three days later was promulgated by' the President the Laws Continuance in Force' Order, 1958, the general effect of which was the validation of laws, other than- the late Constitution, that were in force before the Proclamation, and restoration of the jurisdiction of all Courts including the Supreme Court and the High Courts. The Order contained the further direction that the country, thereafter to be known as Pakistan and not the Islamic Republic of Pakistan, should be governed as nearly as may be in accordance with the late Constitution. Each of the four appeals before the Supreme Court involved the question whether the writs-issued by the High Court in respect of orders of reference to a Council of Elders or con­victions under S. 11 of the Frontier Crimes Regulation (111 of 1901) on the ground of the invalidity of the latter Regulation as contravening Art. 5 of the late Constitution-had abated under cl. 7 of Art. 1 of the Laws Continuance in Force Order, 1958 promulgated by the President on October 10, 1958. Held (per Muhammad Munir, C. J.,) that since Art. 5 of the late Constitution itself had now disappeared from the new legal order the Frontier Crimes Regulation (111 of 1901) by reason of Article…

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