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BASHIR AHMAD versus MUHAMMAD ASLAM


Article 199 Written Directive Requests Against Possible Interference of Martial Laws by Applicants For example, the Martial Law Authorities report does not appear within the stipulated period. Common jurisdiction court held: Petitioner's statement was continually against the intervention of the Martial Law Authority, despite the lawyers' statement.
1983 C L C 589

[Lahore]

Before Aamer Raza A. Khan, J

BASHIR AHMAD AND ANOTBHR‑Petitioner

versus

MUHAMMAD ASLAM AND ANOTHER‑Respondent

Writ Petition No. 1709 of 1980, decided on 26th March, 1 C ,

Constitution of Pakistan (1973)‑

‑‑ Art. 199‑Writ‑Direction sought by petitioner against possible interference from Martial Law Authorities at instance of respon dents‑Report from Martial Law Authorities not coming forth within prescribed period ‑Counsel for respondents making statement that respondents will not approach Martial Law Authorities for satisfaction of their claim and will approach Court of ordinary jurisdiction‑Held : In view of statement by counsel petition stands disposed of as same was mainly against interference from Martial Law Authorities.

Ch. Muhammad Ashraj Azeem for Petitioners.

Raja Muhammad Younas for Respondents.

ORDER

The facts as alleged in the petition have been noted in my order dated 20th of February, 1980. By that order I had called for report land parawise 1omments from respondent No. 5 so as to reach this Court within three weeks. Despite three weeks having elapsed report and parawise Comments have not beer submitted.

2. Raja Muhammad Younas Advocate moved an application on behalf of Respondents Nos. 1 to 3 controverting the factual allegation con tained in the writ petition.

3. Be it as it may, learned counsel for respondents Nos. 1 to 3 submits that he has instructions to state on behalf of the respondents that they will not approach the Martial Law Authorities for the satisfaction of their claims or the redress of their grievances and that if so advised they, will assert their claims and grievances before the Courts of ordinary jurisdiction.

4. In view of the statement, the petition directed as it is mainly, against the interference on the part of Martial Law Administration a Vehari, has borne fruit. Respondents Nos. 4 and 5 will not interfere in the dispute between the petitioner and respondents Nos. 1 and 3. With these observations the petition stands disposed of.

M. Y. H. Order accordingly,

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