1986 PLP 803 (SCMR)
HIDAYATULLAH — Appellant Versus FEDERATION OF PAKISTAN and another — Respondents,
| Citation | 1986 PLP 803 (SCMR) |
| Forum / Court | ---Art. 13-A(b) Abatement of proceedings in Supreme Court Dismissal from service under Martial Law Regulation No. 58 challenged--Leave to appeal granted--On promulgation of C.M.L.A. Order No. 3, Article 13-A inserted in Provisional Constitution Order, 1981 saving all actions taken under said Martial Law Regulation--Proceedings stood abated and appeal disposed of accordingly.--Abatement. |
| Bench Members | Muhammad Haleem, C. J., Shafiur Rahman, Zaffar Hussain Mirza and Mian Burhanuddin Khan, JJ |
| Parties | HIDAYATULLAH — Appellant Versus FEDERATION OF PAKISTAN and another — Respondents, |
| Primary Law | Provisional Constitution Order (I of 1981) |
Q1: What are the key laws and sections cited in 1986 PLP 803 (SCMR)?
This judgment primarily cites: Provisional Constitution Order (I of 1981) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1986 PLP 803 (SCMR)?
The case was heard and decided by the ---Art. 13-A(b) Abatement of proceedings in Supreme Court Dismissal from service under Martial Law Regulation No. 58 challenged--Leave to appeal granted--On promulgation of C.M.L.A. Order No. 3, Article 13-A inserted in Provisional Constitution Order, 1981 saving all actions taken under said Martial Law Regulation--Proceedings stood abated and appeal disposed of accordingly.--Abatement. bench comprising: Muhammad Haleem, C. J., Shafiur Rahman, Zaffar Hussain Mirza and Mian Burhanuddin Khan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1986 PLP 803 (SCMR) (HIDAYATULLAH — Appellant Versus FEDERATION OF PAKISTAN and another — Respondents,). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mian Nusratullah, Senior Advocate Supreme Court with Rana M. A. Qadri, Advocate-on-Record for Appellant.
- M. Qayyum, Deputy A.-G. with Sh. Masud Akhtar, Advocate-on -Record for Respondent No. 1.
- M. Saeed Beg, Advocate Supreme Court with S. Abid Nawaz, Advocate-on-Record (absent) for Respondent No. 2.
- Date of hearing: 16th November, 1985.
- Mian Nusratullah, Senior Advocate Supreme Court with Rana M. A. Qadri, Advocate‑on‑Record for Appellant.
- M. Qayyum, Deputy A.‑G. with Sh. Masud Akhtar, Advocate‑on -Record for Respondent No. 1.
- M. Saeed Beg, Advocate Supreme Court with S. Abid Nawaz, Advocate‑on‑Record (absent) for Respondent No. 2.
Headnotes / Summary
Art. 13-A(b) Abatement of proceedings in Supreme Court Dismissal from service under Martial Law Regulation No. 58 challenged--Leave to appeal granted--On promulgation of C.M.L.A. Order No. 3, Article 13-A inserted in Provisional Constitution Order, 1981 saving all actions taken under said Martial Law Regulation--Proceedings stood abated and appeal disposed of accordingly.--[Abatement].
Judgment & Decree
MUHAMMAD HALEEM, C.J.‑‑The appellant was dismissed from service while serving as Sub‑Divisional Magistrate at Lodhran, District Multan, under Martial Law Regulation No. 58, on 30th of May, 1970. He filed an appeal before the Service Tribunal which was dismissed on 18th November, 1979 on merits. Leave to appeal was granted to the appellant on 29th of November, 1980, against the judgment of the n Tribunal. During the pendency of the appeal, C.M.L.A. Order No. 3 of 1982 was promulgated on 30th of August, 1982 whereby Article 13‑A was inserted in the Provisional Constitution Order. Article 13‑A(b) in terms saves all actions taken under Martial Law Regulation No. 58 and further provides that all proceedings impugning such actions shall abate forthwith. Consequently, the proceedings stood abated as from the date of promulgation of the C. M. L. A. Order No. 3 of 1982. The appeal thus stands disposed of. M.I. Order accordingly.