AGHA ABDUL KARIM SHORISH KASHMIRI versus PROVINCE OF WEST PAKISTAN
The emergency legislation was read during the declaration of emergency under the Defense Pakistan Rules 1965 r 52, Constitution of Pakistan (1962), Article 30, Article 30 (Article 30), Constitution of Pakistan (1962), whether for this purpose Must have a reciprocal relationship with. Emergency was declared or not, when emergency was declared only because Pakistan was in serious danger of being threatened by war, whose situation was under paragraph (1) of PL (1), under section 30. Was formulated, not the case under consideration in paragraph (b). , Article 30 KCL (1), cannot be legislated in the process of declaration on any other issue related to Defense Pakistan. Is Defense Pakistan Rules (1965) 52 rule of intravenous?
dated 25‑4‑1968 (Annex R/4) purporting to cancel the dec laration made and subscribed by petition No. I concerning the Weekly "Chattan" under section 7 of the 1960‑Ordinance is hereby set aside as being without lawful authority and of no legal effect and to that extent the writ petition succeeds. The writ petition, however, fails as respect the other three impugned orders, namely, R/l, R/2 and R/3, regarding which the petitioners including petitioner No. 3 are left to seek redress from the tribunal set up under rule 52 (4), vide R/6. It would be entirely for the tribunal to determine whether the comment appearing in the Weekly Chattan of 22nd April 1968, has in any manner contravened the prohibitory order dated 1st April 1968, (Annex R/1) and in so doing the tribunal will be at liberty to consider any plea in defence or circumstance in mitigation urged by the petitioners including petitioner No. 3 except as regards matters specifically decided herein, namely:‑
(i) the vires of rule 52,
(ii) the petitioners' plea based on Fundamental Right in paragraph 10 in Part I of Chapter II of the Constitution.
In the circumstances of the case, the parties are left to bear their own costs.
K. B. A. Petition partly accepted.
