THE STATE THE STATE vs QASIM Alias QASSU ABDULLAH BHATTI AND 3 Other — 1971 SCMR 249

Citation: 1971 SCMR 249

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Parties: THE STATE THE STATE vs QASIM Alias QASSU ABDULLAH BHATTI AND 3 Other

Headnotes

Case cited as 1971 SCMR 249

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Alvin R. Cornelius Title: THE STATE THE STATE vs QASIM Alias QASSU ABDULLAH BHATTI AND 3 Other Case No.:Criminal Appeal No. 41 of 1955 Criminal Appeal No. 40 of 1955 Criminal JUDGMENT Reported As: 1971 SCMR 249 Result: Appeals allowed Judgment JUDGMENT SHAHABUDDIN, J.-These are appeals by special leave obtained by the State in respect of the orders of the Chief Court Sind by which the respondents in these appeals who had been detained under section 3(1) of the Security of Pakistan Act, 1952 were ordered to be released. As the main point for determination is the same in both these appeals they can conveniently be dis--posed of in one common order. Material facts are these. In December 1954 the Chief Commissioner Karachi passed orders externing from Karachi the respondents in the appeals under section 3 of the Security Act of 1952. Thereupon the respondents applied to the Chief Court for a writ against the orders of the Chief Commissioner but those applications were dismissed when in Federation of Pakistan v. Maulvi Tamizuddin Khan (PLD1955FC240) this Court held that even measures passed by the Constituent Assembly should in order to become law receive the assent of the Governor-General and the provision of the Constitution Act conferring the writ jurisdiction on the High Courts not having been so assented to was ultra vires. The respondents thereafter filed petitions under section 491, Criminal Procedure Code and in those…

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