Law:

Section:

West Pakistan Control of Goondas Ordinance (XXXV of 1959)-Contention that Ordinance pertained to subject placed on concurrent list of Constitution of Pakistan (1956) and being repug­nant to certain existing laws, could not be competently promul­gated by Governor without previous instructions or subsequent consent of President as required under Art. 110 of Constitution of Pakistan (1956)-Special leave to appeal granted by Supreme Court to consider questions. Ghulam Muhammad v. The State Writ Petition No. 116 of 1967 and Muhammad Afzal v. Commissioner, Lahore Division P L D 1963 S C 401 ref. JUDGMENT SAJJAD AHMAD, J.----- Proceedings ;were started against the petitioner under the West Pakistan Control of Goondas Ordinance (XXXV of 1959), which was promulgated by the Governor of West Pakistan on the 4th of June 1959 under clause (5) of the Laws (Continuance in Force) Order, 1958, which had protected the "Ordinance making powers of the Governor subject to the same limitation as contained in Articles 102, 106 (clauses 1 and 2) and 110 (clauses 1 and 2) of the late Constitution. The petitioner resisted this action against her by a petition in the High Court of West Pakistan, Lahore under Article 98 of the Constitution, challenging the vires of the aforesaid Ordinance. The petition…

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