Law:

Section:

(a) Security of Pakistan Act (XXXV of 1952)-------Preamble---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Doctrine of implied repeal---Applicability---Scope---Contention was that Security of Pakistan Act, 1952 was a dead law because of its implied repeal due to subsequent promulgation of Defence of Pakistan Ordinance, 1965 and Defence of Pakistan Ordinance. 1971 and due to its resultant non-existence because of the non-validation of the Security of Pakistan (Amendment) Ordinance, 1955 in time, by the Federal Legislature---Validity---Held, Defence of Pakistan Ordinance, 1971 was no more in existence as it was repealed by Defence of Pakistan (Repeal) Ordinance, 1977, therefore there was no repeal by implication---Even if it was presumed that the Security of Pakistan Act, 1952 stood repealed by implication because of the promulgation of Defence of Pakistan Ordinance, 1971, the repeal of Defence of Pakistan Ordinance, 1971 on 15-9-1977, resulted in the restoration of original law i.e. Security of Pakistan Act, 1952---Factors. Federation of Pakistan and others v. M. Nawaz Khokhar and others PLD 2000 SC 26; Pir Sabir Shah v. Shad Muhammad Khan, Member, Provincial Assembly, N.-W.F.P. and another PLD 1995 SC 66 and Federation of Pakistan through Secretary, Ministry of Interior, Government of Pakistan, Islamabad v. The General Public PLD 1988 SC 645 rel. (b) Interpretation of statutes--- ---- Presumption that Legislature passed the law in ignorance of the fact that the relevant law on the subject had already expired---Validity---Such presumption was misconceived as no such presumption could be attached to the Acts passed by the Legislature---Legislature enacts lays with a complete knowledge of all existing laws pertaining to the same subject---Failure to add a repealing clause indicated that the intent was not to repeal any existing Legislation. Crawford's Statutory Constructions, 1st Edn., p.631 ref. (c) Security of Pakistan Act (XXXV of 1952)--- ----S. 3(1)---Constitution of Pakistan (1973), Art.199---Constitutional jurisdiction of High Court---Scope---Preventive detention ---Concept--­Essentials---Detaining Authority could not refuse the…

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