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Constitutional Petitions Nos.S-6 and S-7 of 1983, decided on 15th December, 1986.

---Arts.199 & 270-A [as amended by Constitution (Eighth Amendment; Act (XIX of 1985))--Martial Law Regulation [C.M.L.A.'s; No.57, paras. 1, 3, 4 & 5--Martial Law (Pending Proceedings) Order, 198" [C.M.L.A.'s] No.107, para 3(1)--Constitutional petitions, maintain ability of--Martial Law Regulation No.57 having been saved by Martial Law Order No.107 and having also been validated by Art.270-A of Constitution, any order passed by any Authority thereunder, held. could not be challenged in any Court including High Court on any ground whatsoever--Constitutional petitions against ejectment order of Chairman, Evacuee Trust Property Board, passed under authority of Martial Law Regulation No.57 were dismissed having been abated even if filed before promulgation of Martial Law Regulation No.57 in circumstances.

P L D 1986 Kar. 516 ref.

Ahmad Yousaf Ali Riavi for Petitioner.

S.H. Mujtaba for Respondents.

Dates of hearing: 18th, 19th and 24th November, 1986.

This Judgment disposes of C.P. No.S-6 of 1983 and C.P. No.S-7 of 1983. In both these petitions, the petitioners have impugned the order passed by the Chairman, Evacuee Trust Property Board Government of Pakistan. Lahore, dated 10-7-198; whereby the P T.D. dated 30-4-1964 issued by the Settlement Department, in favour of the petitioner Amina Begum in respect of property bearing No.755, situated Deh Thano, Tappo Malir Taluka and District Karachi, and its subsequent sale by petitioner Amina Begum in favour of petitioner Munawar All Khan had been cancelled However, during the pendency of these petitions, M.L.R. 57 was issued on 22-6-1983 by the Chief Martial Law Administrator, in respect of certain evacuee trust properties and paragraph No.1 of the same provided as follows:-

"1. Martial Law Administrator Zone 'C' or any other person or authority, authorised by the Chief Martial Law Administrator in this behalf, may if he or it is of opinion that any part of the agricultural land specified in the schedule to this Regulation and belonging to the defunct Evacuee Trusts so specified and now vesting in the Evacuee Trust Property Board has been acquired, entered upon or taken possession of by any person illegally or by fraud, misrepresentation or otherwise by order cancel such acquisition or as the case may be, order the ejectment of such person and further order that the said property shall forthwith be restored to the Evacuee Trust Property Board free from all encumbrances."

The property in question has been specified in the Schedule attached to this Martial Law Regulation, which appears at serial No.10 in the Schedule, and there is no dispute about the same. According to paragraph No.3 of the Regulation, "an order passed under paragraph 1 shall have effect notwithstanding any judgment or decree of any Court including the Supreme Court or High Court." According to paragraph No. 4 of the aforesaid regulation, "all pending cases including appeals and applications for revision or review, with respect to the land restored to' the Evacuee Trust Property Board under this Regulation, whether pending in the Supreme Court, in any High Court or in any other Court, Tribunal or Authority shall abate." Paragraph No.5 of the Regulation further provides that "every judgment or order of any Court, including the Supreme Court a High Court, Tribunal of Authority given or made before the commencement of this Regulation which is repugnant to the provisions hereof shall be null and void and of no legal effect." After coming into force of this Regulation M.L.O. 107 issued by the Chief Martial Law Administrator came into force on 29-12-1985 and according to paragraph 3(1) thereof, and Schedule thereto, M.L.R. 57 has been saved. By virtue of Article 270-A of the Constitution which came into force on 31-12-1985, M.L.R. 57 has been affirmed, adopted and .declared, notwithstanding any judgment of any Court, to have been validly made by competent authority and notwithstanding anything contained in the Constitution, the same cannot be called in question in any Court on any ground whatsoever (See P L D 1986 Kar. 516). On 19-5-1984 a Notification was issued by the office of the Chief Martial Law Administrator, authorising the Chairman, Evacuee Trust Property Board to exercise for the purpose of M.L.R.57, all such powers as the Martial Law Administrator Zone 'C' was empowered to exercise thereunder, and on 31-12-1984 the Chairman, while exercising powers under M.L.R.57, ordered ejectment of the two petitioners namely, Amina Begum and Munawar Ali and all other persons claiming possession of the property in question through them, by 10-1-1985 and further directed that the said property should forthwith be restored to the Evacuee Trust Property Board, free from all encumbrances. It was also directed that on restoration, the property should be disposed of by open auction. There is no contest on the point that the order, dated 31-12-1984, passed by the Chairman in respect of the property in question, has been passed by him by virtue of powers vesting in him under M.L.R.57. Consequently, it has been conceded by the learned counsel for the petitioners that the present petitions are covered by the language of paragraphs Nos.3 and 4 of M.L.R.-57. Since as indicated by the order passed by the Chairman, dated 31-12-1984, the property in question has been restored to the Evacuee Trust Property Board, these petitions have clearly abated since then. Paragraph No.4 of the Martial Law Regulation refers to all pending cases, including appeals and applications for revision or review, etc. and there is no doubt that the present petitions fall within the ambit of paragraph No.4.

For the aforesaid reasons, these two petitions have abated and the same are dismissed with no order as to costs.

H . B . T . / A-40/ K Petitions dismissed.

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