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Criminal Appeals Nos. 68 and 69 of 1958, decided on 1st December 1959.
(On appeal from the order of the High Court of West Pakistan, Peshawar Bench, Peshawar, dated the 11th November 1957, in Miscellaneous Application No. 93 of 1954).
Arts. 170, 4 & 5 and Laws (Continuance in Force) Order (I of 1958), Art. 2 (7)‑Pending proceedings on writs preferred on ground of violation of Fundamental Right of petitioners‑Abated on abrogation of Constitution (1956).
State v. Dosso P L D 1958 S C (Pak.) 533 and The Province of East Pakistan v. Muhammad Mehdi Ali Khan and others P L D 1959 S C (Pak.) 387 ref.
Jamul Hussain Rizvi, Advocate‑General of West Pakistan Iftikhar‑ul‑Huq Khan, Advocate Supreme Court with him) instructed by Ijaz Ali, Attorney for the State.
Nemo for Respondents.
Date of hearing : 1st December 1959.
This order applies to Criminal ,Appeals Nos. 68 and 69 of 1958.
Certain criminal proceedings taken under the Frontier Crimes Regulation against Gobar Rehman and Muhammad Shafi respondents to Appeal No. 68, and Dilaram, Torai, Maluk and H. Humah respondents to Appeal No. 69, were, on an application for a writ, quashed by the High Court of West Pakistan on ground that the provisions of the Regulation under which action "had been taken were void because of Article 5 of the Constitution. The Constitution was abrogated on 7th October 1958, and the present position is governed by the Laws (Continuance in Force) Order, 1958. This Court has held in the State v. Dosso (P L D 1958 S C (Pak.) 533) and The Province of East Pakistan v. Muhammad Mehdi Ali Khan and others (P L D 1959 S C (Pak.) 387), that applications for writs preferred on the ground that fundamental right of the applicant has been violated abate under Article 2, clause 7 of the Laws (Continuance in Force) Order, if on the issuance of a writ the High Court has certified the case to be a fit one for appeal or if special leave to appeal from the judgment of the High Court has been given by this Court. These decisions govern both the appeals and the only order that can now be made is that the applications on the strength of which the writs were issued by the High Court have abated. We allow the Government Appeals and set aside the writs issued.
Appeal accepted.
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