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ABID HUSSAIN versus THE GOVERNMENT OF THE PUNJAB THROUGH HOME SECRETARY


Constitution Pakistan 1973 Article 199 charged with notification of martial law regulation (CMLA No s 40) notification that only specific dates were ordered to surrender at the nearest police station or martial law headquarters and declared them to be fugitives. Was required to comply with sub-paragraph (ii) of paragraph 1 (a) of subsection 1 (a) of Rule 40, which was not, therefore, not recorded It may not have been proven before. The 14-year prison sentence was given to the accused in compliance with the provisions of RI, paragraph 1 (b), which meant that he was given the opportunity to give a reason for satisfaction of such authority on failure to provide the opportunity. Thus, the action taken by the martial law authority pursuant to the said notification against the accused could not be completed. And the sentence of 14 years imprisonment under the Martial Law Regulation No. 40 was declared without RI full jurisdiction, void and without any legal authority

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