P L D 1978 Lahore 1355 (PLP)
SAEED AHMAD SHAH AND OTHERS — Petitioners Versus COMMISSIONER/CHAIRMAN, REGIONAL TRANSPORT
| Citation | P L D 1978 Lahore 1355 (PLP) |
| Forum / Court | --- Principle of-Orders passed in violation of principle of natural justice-Unlawful--Principle of natural justice requiring person proceeded against to be given reasonable opportunity of being heard-To be read into every law including martial law instructions unless shown to be specifically dispensed with-Martial Law Instruction (Zone B) No. 131.-Martial law. |
| Bench Members | K. M. A. Samadani, J |
| Parties | SAEED AHMAD SHAH AND OTHERS — Petitioners Versus COMMISSIONER/CHAIRMAN, REGIONAL TRANSPORT |
| Primary Law | (a) Natural Justice, (b) Martial Law Instruction (Zone B) |
Q1: What are the key laws and sections cited in P L D 1978 Lahore 1355 (PLP)?
This judgment primarily cites: (a) Natural Justice, (b) Martial Law Instruction (Zone B) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 1978 Lahore 1355 (PLP)?
The case was heard and decided by the --- Principle of-Orders passed in violation of principle of natural justice-Unlawful--Principle of natural justice requiring person proceeded against to be given reasonable opportunity of being heard-To be read into every law including martial law instructions unless shown to be specifically dispensed with-Martial Law Instruction (Zone B) No. 131.-Martial law. bench comprising: K. M. A. Samadani, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 1978 Lahore 1355 (PLP) (SAEED AHMAD SHAH AND OTHERS — Petitioners Versus COMMISSIONER/CHAIRMAN, REGIONAL TRANSPORT). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Syed Shamsuddin Mahmood for Petitioner (in W. P. No. 3745 of 1977).
- M. Latif Khan Khosa for Petitioners.
- Date of hearing : 18th January 1978.
Headnotes / Summary
Principle of-Orders passed in violation of principle of natural justice-Unlawful--Principle of natural justice requiring person proceeded against to be given reasonable opportunity of being heard-To be read into every law including martial law instructions unless shown to be specifically dispensed with-Martial Law Instruction (Zone B) No. 131.-[Martial law]. -- No. 13-Instruction No. 13 cannot be accorded a higher status than that of administrative direction and cannot override existing law on subject-Instruction No. 13 also defective for not distinguishing between an innocent victim of a road accident and person at fault-Orders' impounding vehicles and cancelling route permits passed in pursuance of Instruction No. 13, hence, held, without lawful authority and of no legal effect. Altaf Muhammad Khan for A.-G. for the State.
Judgment & Decree
M. Latif Khan Khosa for Petitioners. Altaf Muhammad Khan for A.-G. for the State. Date of hearing : 18th January 1978. This order shall dispose of the following seven writ petitions :
(1) W. P. No. 2926 of 1977; (2) W. P. No. 3557 of 1977; (3) W.P. No. 3581 of 1977; (5) W. P. No. 3582 of 1977; (5) W. P. No. 3613 of 1977; (6) W. P. No. 3745 of 1977 and (7) W. P. No. 3778 of 1977. In each case the petitioners' vehicle was involved in a road accident. So, in each case the Commissioner of the Division concerned Chairman, R. T. A. not only impounded the vehicle but also cancelled the route permit in pursuance of the Martial Law Instruction No. 13 without issuing notice to the owner/permit-holder and without affording him an opportunity to show cause against the impugned action. The impugned orders are liable to be set aside on the short ground that they have been passed in violation of a principle of natural justice. The learned counsel for the State, however, contended that under the Martial Law Instruction No. 13, there is no provision for issuance of notice to the person against whom action is proposed to be taken. But it must borne in mind that, apart from the question of the validity of Martial Law Instruction No. 13, it is settled law that the principles of natural justice should be read into every law unless they have been specifically dispensed with. Further, the Martial Law Instruction No. 13, cannot be accorded a status higher than that of an administrative direction issued to the authorities concerned. Such directions cannot override the existing law on the subject. Further, the Martial Law Instruction No. 13, is also defective inasmuch as it does not distinguish between an innocent victim of a road accident and the person at fault. Therefore, the impugned orders passed in pursuance of the Martial Law Instruction No. 13 are without lawful authority and of no legal effect. The writ petitions are accordingly allowed with costs and the impugned orders are set aside. S. A. H Petitions accepted.