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Miss Asma Jilani v. Province of Punjab and Mrs. Zarina Gauhar v. Province of Sind and others — 1968 PLD 533

Citation: 1968 PLD 533

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-12-31

Headnotes

Case cited as PLD 1968 SC 533

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s):Salahuddin Ahmad, Waheeduddin Ahmad, Hamoodur Rahman, Sajjad JUDGMENT Reported As: PLD 1972 Supreme Court 139 Result: order made Judgment JUDGMENT HAMOODUR RAHMAN, C. J.-Thesetwo appeals, by special leave, have been heard together, as they involve common questions of law. Criminal Appeal No. 19 of 1972 (Miss Asma Jilani v. Province of Punjab) arises nut of a judgment of a learned Single Judge of the Lahore High Court, dismissing a petition under Article 98 (2) (b) (i) of the Constitution of 1962 filed to question the validity of the detention of the father of the petitioner. Malik Ghulam Jilani, the detenu in this case, eras arrested at Karachi under an order dated the 22nd of December 1971, purported to have been issued in exercise of powers con--ferred by clause (b) of sub-rule (1) of rule 32 read with rule 213 of the Defence of Pakistan Rules, 1971. This was the order that was originally challenged in the High Court. The High Court admitted the petition for regular hearing and issued notice to the Government of the Punjab for the 31st of December 1971. A day earlier on the 30th of December this order was rescinded and substituted by another order of the same day purported to have been issued by the Martial Law Administrator, Zone 'C', in exercise of the powers said to have been conferred on him by Martial Law Regulation No. 78. The petition already filed was allowed to be amended on the 31st of December 1'971, by addition…

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