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P L D 1982 PESHAWAR 1

MUHAMMAD UMAR KHAN AND OTHERS
V/S
PAKISTAN AND OTHERS

Per Shah Abdur Rashid, J.(a) Constitution of Pakistan (1962) Art. 2
Constitution of Pakistan (1973) Art. 4

—No. 47 read with Constitution of Pakistan (1962), Art. 2—Vires of Statutes—Chief Martial Law Administrator having no jurisdiction to enact law depriving individuals of their property without public purpose and without compensation and giving same to other persons, Martial Law Order (47 of 1972) enacted under his orders, held, offends against Art. 2 of Constitution of Pakistan (1972) and consequently ultra vires ab initio.— [Jurisdiction—Legislation]. [p. 10] G & H

(b) Constitution of Pakistan (1962) Arts. 6 & 14(2)
Constitution of Pakistan (1973) Arts. 8 & 47

—Arts. 6 & 14(2)—Vires of Statutes—Martial Law Order (XLVII of 1972) taking over properties of one individual and giving same over to other individuals without any public purpose behind and without payment of compensation—Held: Besides being bad law or no law, a sentence or punishment–Sentence or punishment—Beyond jurisdiction of legislative body, falling within jurisdiction of judiciary alone—Judiciary also not empowered to inflict punishment without giving reasonable opportunity to affected person of explaining his position—Principle of audi alteram partem deemed to be embodied in every enactment unless contrary intention expressed—Martial Law Order, on such ground as well, void and ultra vires.—[Maxim—Legislation]. [p. 11] L

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