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Petitioner: SAEED AHMAD SHAH AND Other VS Respondent: COMMISSIONER/CHAIRMAN, REGIONAL JUDGMENT
Court Name: Lahore High Court Judge(s): K. Muhammad A. Samadani Title:SAEED AHMAD SHAH AND Other vs COMMISSIONER/CHAIRMAN, REGIONAL
JUDGMENT
Reported As: PLD 1978 Lahore 1355 Result: Petitions accepted Judgment JUDGMENT This order shall dispose of the following seven writ petitions :--- (1) W. P. No. 2926 of 1977; (2) W. P. No. 3557 of 1977; (3) W.P. No. 3581 of 1977; (5) W. P. No. 3582 of 1977; (5) W. P. No. 3613 of 1977; (6) W. P. No. 3745 of 1977 and (7) W. P. No. 3778 of 1977. The impugned orders are liable to be set aside on the short ground that they have been passed in violation of a principle of natural justice. The learned counsel for the State, however, contended that under the Martial Law Instruction No. 13, there is no provision for issuance of notice to the person against whom action is proposed to be taken. But it must borne in mind that, apart from the question of the validity of Martial Law Instruction No. 13, it is settled law that the principles of natural justice should be read into every law unless they have been specifically dispensed with. Further, the Martial Law Instruction No. 13, cannot be accorded a status higher than that of an administrative direction issued to the authorities concerned. Such directions cannot override the existing law on the subject. Further, the Martial Law Instruction No. 13, is also defective inasmuch as it does not distinguish between an innocent victim of a road accident and the person at fault. Therefore, the impugned orders passed in pursuance ofthe Martial Law Instruction No. 13 are without lawful authority and of nolegal effect. The writ petitions are accordingly allowed with costs and the impugned orders are set aside.