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Initializing Secure Chambers
Petitioner: MARTIAL LAW ADMINISTRATOR, ZONE `B' AND 2 Others VS Respondent: SATTAR GUL AND ANOTHER
Court Name: Supreme Court of Pakistan Judge(s): Aslam Riaz Hussain Title:MARTIAL LAW ADMINISTRATOR, ZONE `B' AND 2 Others vs SATTAR GUL AND
ANOTHER Case No.:Criminal Miscellaneous Petition No. 42 of 1979 Writ Petition No. 98 of 1979 Appeal No. 323 of 1979 Date of Judgment:1979-07-24 Reported As: 1979 SCMR 478 Result: Application partly accepted Judgment ORDER The Martial Law Administrator, Zone B', and others, have filed a petition for special leave to appeal against the majority judgment of the Peshawar High Court dated 11th of July 1979, whereby 16 writ petitions filed by a number of persons including the two respondents in the present petition, were accepted. 2. Along with the petition for leave to appeal the petitioners have also filed a miscellaneous application for suspension of the operation of the impugned judgment, which has come up for hearing after notice to the respondents. 3. It is agreed by the learned counsel for both sides that since the petitioners have filed the P. S. L. A. Only against Sattar Gul and Zafeer Gull respondents, this Court is seized of the matter only so far as it affects the aforementioned two respondents. 4. On hearing learned counsel for the parties, I find that the decision of the miscellaneous application involves determination of complicated ques--tions of law, including interpretation of the judgment of this Court in Begum Nusrat Bhutto's case (PLD 1977 SC 657) relating to the scope of the Courts co-adjudicate upon the actions of the Government and Martial Law Authorities on the touch--stone of the doctrine of necessity. The decision is likely to affect a large number of cases. I, therefore feel that this matter should be placed before a larger Bench consisting of three or more Judges. 5. In the meanwhile the miscellaneous application is accepted to the extent that the operation of the impugned judgment is suspended till the 15th of October 1979, only so far as it affects the two
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respondents. The main petition is likely to be heard and decided by the aforementioned date. The question of the 'extension of the interim relief would, if necessary, be considered at the hearing of the main petition.