Law:

Section:

(a) Constitution of Pakistan (1962), Art. 58 (2) (a), (3)-Peti­tion for leave to appeal under Art. 58 (3)-High Court granting certificate for appeal in meantime-No order made on petition for leave. (b) Supreme Court Rules, 1956, 0. IV, r. 7--Advocates appeared without attorney in circumstances of case. The appeal in this case came up for hearing on the 20th March 1968, when the appellant (a detenu under r. 32, Defence of Pakistan Rules) appeared in person to argue his appeal. He sought to challenge the vires of rule 32 itself. But finding himself in some difficulty in arguing this point, he sought legal aid. The appeal was then adjourned and a request was sent to the President of the High Court Bar Association at Lahore to find out if any counsel was prepared to help the appellant. Notice of the appeal was also given to the Attorney-General of Pakistan. The appeal was ultimately heard on the 10th and 11th April 19688, when the appellant was represented by a Senior Advocate and an Advocate who appeared gratis at the request of the Bar Association but without an Attorney with them. (c) Constitution of Pakistan (1962), Art. 98 (2) (b) (i) read with Defence of Pakistan Rules, r. 32 (1) (b) and Defence of Pakistan Ordinance (XXIII of 1965), S. 3 (2) (x)-Scope of powers of judicial review by high Court of orders of detention-High Court can insist on disclosure of materials on which executive authority had acted, subject to right of State to claim privilege in respect of secret information-Such judicial review not, however, in nature of an appeal against decision of executive authority-Mere production of order of detaining authority in proof of "satisfaction" not sufficient-Not only jurisdiction of executive authority to make the order but manner of exercising jurisdiction also subject to judicial review-Question (f privilege to be decided by Nigh Court-"Being satisfied" and "suspecting on reasonable grounds"- Difference­" Being satisfied" borders on "conviction" Re-calling the decision in Ghulam Mani v. The Government of West Pakistan P L D 1967 S C 373, Hamoodur Rahman, J, observed that it was laid down in that case that actions taken under rule 32, Defence of…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492