| Citation(s) |
|---|
| 1959 SLG 48 1959 SLD 48 1959 PLD 336 |
Lahore High Court
Criminal Revision No. 11 of 1959, with Criminal Miscellaneous No. 176 of 1959, decision Date : 10th March 1959. hearing Date : 2nd March 1959.
SHABIR AHMAD, JUSTICE
Mahmud Ali for Petitioner. Jamil Hussain Rizvi, A. G. for
Respondent.
Criminal Revision No. 11 of 1959, with Criminal Miscellaneous No. 176 of 1959, decision Date : 10th March 1959. hearing Date : 2nd March 1959.
SHABIR AHMAD, JUSTICE
Mahmud Ali for Petitioner. Jamil Hussain Rizvi, A. G. for
Respondent.
AZIZ DIN
VS
THE STATE
Law:
Section:
(a) Martial Law Order No. 10 By implication takes away right of appeal given by Cr. P. C. (1898) Criminal Procedure Code (V of 1898), Ch. XXXI. Martial Law Order No. 10 by implication takes away the right to appeal of a person convicted by an ordinary criminal Court in the cases mentioned in that Order though such person may have had a right to appeal under the Criminal Procedure Code and no appeal will lie in such cases. (b) Martial Law Orders and Regulations Order issued by Chief Martial Law Administrator has same force as Regulation issued by him Martial Law Order No. 10. A Martial Law Order issued by the Chief Martial .Law Administrator has the same force as a Martial Law Regulation issued by him. Martial Law Order No. 10 dated the 18th of October 1958, was issued, by the Chief Martial Law Administrator, who was competent to issue a Martial Law Regulation on the point and the mere fact that the provision was termed a Martial Law order and not a Martial Law Regulation cannot deprive it of the force it was intended to have. Ch. Manzur Elahi v. The State etc. P L D 1959 Lah. 243 rel. JUDGMENT Aziz Din was sentenced to one year's rigorous imprisonment by the Additional District Magistrate, Lahore, for the violation of clause (4) of Martial Law Order No. 11, issued by the Martial Law Administrator, West Pakistan, Zone B, which required that a price list must be exhibited by every shopkeeper. Aziz Din presented an appeal to the Sessions Judge, Lahore, who, by his order dated the 9th of December 1958, rejected it on the ground that he had no jurisdiction to hear the appeal. On the 5th of January 1959, a revision petition was filed in this Court against the order of the Sessions Judge and on the next day the petition was admitted to a hearing by my brother Abdul Hamid, who granted bail to Aziz Din. 2. An order similar to the one mentioned in the last paragraph was passed by the Additional District Magistrate, Lahore, against Muhammad Din for the contravention of clause (4) of Martial Law Order No. 11 issued by the Martial Law Administrator, West Pakistan, Zone B, Muhammad Din also presented an appeal to the Sessions Judge, Lahore, who, by his order dated the 9th ofโฆ
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