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–Pending Proceedings Order, Martial Law Order No. 107 (30th of December, 1985)

Pending Proceedings Order

Martial Law Order No. 107

December 30, 1985

1.

(1) This order may be called the Martial Law (Pending Proceedings) Order, 1985.

(2) It shall come into force at once.

2.

In this order, unless there is anything repugnant in the subject or context;

(A) “Appointed Day” means the day on which the proclamation of the fifth day of July, 1977, is revoked;

(B) “Martial Law” means the Martial Law imposed by the proclamation of the fifth day of July, 1977;

(C) “Martial Law Authority” includes any person or body of persons or any court authorized by or under any Martial Law Regulation or Martial Law Order to perform any function or to exercise any power under such regulation or order; and

(D) “Martial Law Period” means the period commencing the fifth day of July, 1977, and ending on the day the proclamation of the fifth day of July, 1977, is revoked.

3.

(1) All Martial Law Regulations and Martial Law Orders, made and promulgated on or after the fifth day of July, 1977, by the Chief Martial Law Administrator and all Martial Law Orders made and promulgated by the Martial Law Administrators of Zones A, B, C, D, and E as mentioned in MLO-3 notwithstanding its cancellation on or after the said day, other than those specified in the Schedule to this Order, shall stand canceled on the appointed day.

(2) In the Martial Law Orders and Martial Law Regulations specified in the Schedule to this Order, for the expression “The Chief Martial Law Administrator”, the term “The President”, for the expressions “a Martial Law Administrator”, the term “The Governor concerned”, and in case of Martial Law Administrator Zone ‘E’, the Force Commander Northern Areas, and for the expressions “Military Court” or “Special Military Court” or “Summary Military Court”, the expression “Criminal Court of competent jurisdiction” shall stand substituted on the appointed day and the said Martial Law Regulations and Martial Law Orders shall have effect with such adaptations and modifications as the circumstances and the implementation of the said Martial Law Regulations and Martial Law Orders may require.

(3) Notwithstanding the cancellation of Martial Law Order No. 5 and Martial Law Regulation No. 14 contravention of any provision of a Martial Law Regulation or Martial Law Order specified in the Schedule shall continue to be punishable with the penalties specified in the said Martial Law Order No. 5 and Martial Law Regulation No. 14.

4.

The cancellation of the Martial Law Regulations and Martial Law Orders, referred to in clause (1) of paragraph 3, shall not affect the previous operation thereof, and anything done, action taken, obligation, liability, penalty or punishment incurred, or proceedings commenced shall be deemed to have been properly and validly done, taken, incurred or commenced, as the case may be.

5.

(1) Every case pending immediately before the appointed day before a Special Military Court or a Summary Military Court shall stand transferred to the criminal court which would have jurisdiction to try the offence constituted by the facts of that case under the ordinary law.

(2) A case transferred to a criminal court under subparagraph (1) shall be tried by it in accordance with the procedure applicable to the trial and transfer of such a case under the ordinary law.

6.

(1) Every case which, having been decided and disposed of by a Special Military Court is, immediately before the appointed day, pending for confirmation of the findings or, the sentence, or of both and every petition or, application for review in respect thereof so pending, shall, on or after the appointed day, be confirmed, or dealt with and disposed of, as the case may be, by the President if the sentence passed by the Special Military Court is that of death or amputation of hand and, in other cases, by the Governor concerned, or the Force Commander Northern Areas as the case may be.

(2) Every case which, having been disposed of by a Summary Military Court is, immediately before the appointed day pending for counter-signature, and every petition or application or review in respect thereof so pending, shall on or after the appointed day, be counter- signed or dealt with and disposed of, by the Governor concerned, or the Force Commander Northern Areas as the case may be.

7.

(1) Any person who deems himself aggrieved by the sentence passed by a Military Court may submit a petition to the President, if the sentence is one of death or amputation of hand and, in all other cases, to the Governor of the Province concerned or the Force Commander Northern Areas in case of Zone E.

(2) On such a petition, the President or, as the case may be, the Governor, or the Force Commander Northern Areas may annul the proceedings or, with or without any conditions, grant pardon or remit, reduce, commute or suspend any sentence or reject the petition:

Provided that a Governor or, the Force Commander Northern Areas, as the case may be, shall exercise the powers under this subparagraph subject to the prior approval of the President.

8.

(1) Every sentence of death passed during the Martial Law period by a Special Military Court which was not promulgated and executed during the Martial Law period may be promulgated and executed under the order of the Provincial Government.

(2) Every sentence of imprisonment passed during the Martial Law period by a Special Military Court or a Summary Military Court which was not put into execution during the Martial Law period may be put into execution under the warrant of the District Magistrate of the district in which the person under sentence may be found; and every such sentence shall commence to run on the day on which the person under sentence is received into the prison to which he is committed by such warrant.

(3) Every sentence of fine passed during the Martial Law period by a Special Military Court or a Summary Military Court which was not carried out during that period may be carried out by the District Magistrate of the district in which the person under sentence resides, as if it were a sentence of fine imposed by him under the Code of Criminal Procedure, 1898 (Act V of 1898) provided that the provisions of Chapter XXIX of the said Code shall not apply to any such sentence.

9.

For the disposal of cases under this Order the President or a Governor, or the Force Commander Northern Areas as the case may be, shall exercise the same powers and adopt and follow the same procedure as were exercised, adopted and followed by the Chief Martial Law Administrator or a Martial law Administrator before the appointed day subject to the provisions of this Order.

10.

The provisions of this Order shall have effect notwithstanding the repeal of Martial Law Regulations or Martial Law Orders.

SCHEDULE

(Article 3 (1))

Martial Law Orders issued by The C. M. L. A

Serial No. MLO No Subject
1 21 Regarding Peoples Foundation Trust.
2 22 Regarding Zulfiqar Ali Bhutto Trust.
3 23 Regarding review of cases of persons in Government service or in corporation service who were removed from service under the Removal  from Service (Special Provisions) Regulation, 1972.
4 58 Regarding Prime Minister’s Inspection Commission.
5 66 Regarding Boundary Disputes between settled and Tribal Areas N. W. F. P.
6 81 Regarding registration of cinematograph films.
7 85 Regarding Nationalization of REPCO.
8 94 Regarding establishment of land reforms tribunals.
9 105 Regarding rehabilitation of Karachi Hotel Project Order, 1985.

Martial Law Orders issued by The MLAs

Zone “A”

Serial No. MLO No. Subject
1 821 Regarding removal of encroachments from public property.
2 856 Regarding Cooperative Model Town Society (Management and Control) Order, 1982.
3 1324 Regarding Iqbal Memorial Complex.
4 1336 Regarding land and building Shahzada Kothi
5 1371 Regarding ban on student unions/ federations.

Zone “B”

Serial No. MLO No. Subject
1 362 Regarding ban on student unions.
2 363 Regarding unlawful activities in educational institution.
3 425 Regarding transfer of land to sericulture department.
4 487 Regarding tobacco prices.

Zone “C”

Serial No. MLO No. Subject
1 26 Regarding taking over of records Peoples Foundation Trust.
2 27 Regarding taking over of records Zulfiqar Ali Bhutto’s Trust.
3 55 Regarding ad- hoc appointment regularization order.
4 69 Regarding forest land lease order.
5 110 Regarding kutchi abadis (reconstituted by MLO 183).
6 202 Regarding removal of encroachments from public property.
7 227 Regarding ban on student unions/ federations
8 247 Regarding resumption of amenity plots (policy).

Zone “D”

Serial No. MLO No. Subject
1 46 Regarding allotment of state land (as reconstituted by MLO 46).
2 137 Regarding local council dues including taxes, rates, tolls or fees, payable under Local Government Ordinance, 1980.
3 155 Regarding ship breaking industry in the coastal area.

Martial Law Regulations Issued by The C. M. L. A.

Serial No. MLO No. Subject
1 56 Regarding declaration of Freemasons as unlawful association.
2 57 Regarding restoration of possession to Evacuee Trust Property Board of the property illegally or by fraud or misrepresentation or otherwise  acquired by any person.
3 60 Regarding educational institutions in Islamabad Capital Territory.
4 63 Regarding investing certain powers to the Capital Development Authority for removal of encroachments.

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