1. ' AFTAB HUSS kIN, C. J.-By a Publice Notice (dated 28th of April, 1983) published in the various newspapers of the country, comments were invited from the members of the public, bow far the laws published therein from Volumes XVIII and XIX of the Pakistan Code were repugnant to the Qur'an and Sunnah of the Holy Prophet (p. b. u. h.).
2. ' The following persons sent their comments: Service Tribunals Act, 1973
1. Mr. Mansoor-ul-Haq Chughtai, Muzaffarabad (A. K.)
2. Hafiz Abdur Rashid Malik, Lahore.
3. Compulsory Service in the Armed Forces Ordinance, 1971 Captain Nazir Hussain, Lahore.
4. Pakistan Engineering Council Act, 1976 Shaikh Muhammad Iqbal, Karachi.
5. Travel Agencies Act, 1976 Mr. Pervez Muhammad Khan, Faisalabad.
6. Drugs Act, 1976 Mr. Muhammad Amin Khan, Karachi.
7. Land Reforms Act, 1977 Haji Shaikh Fariduddin Siddiqui, Hyderabad.
8. Federal Public Service Commission Ordinance, 1977 Raja Muhammad Arif Kiyani, Islamabad.
9. We have gone through these laws. There is nothing repugnant to the Qur'an and the Sunnah in the following laws:- S. S. M. No, 232/83: The West Pakistan Small Industries Corporation (Dissolution) Act, 1972 (Act No, III of 1972).
10. S. S. M. No, 233/83 : The Settlement Commissioners (Validation of Orders) Act, 1972 (Act No, VI of 1972).
11. S. S. M. No, 234/83 : The Diplomatic and Consular Privileges Act, . 1972 (Act No, IX of 1972).
12. S. S. M. No, 235/83 : The Civil Commotion Compensation Fund (Repeal) Act, 1972 (Act No, XI of 1972).
13. S. S. M. No, 236 (A)/83 : The National Press Trust (Appointment of Chairman) Act, 1972 (Act No, XIV of 1972).
14. S. S. M. No, 239/83 : The National Book Foundation Act, 1972 (Act No, XIX of 1972).
15. S. S. M No, 241/83 : The Foreign Exchange (Prevention of Payments) Act, 1972 (Act No, XXII of 1972).
16. S. S. M. No, 242/83 : The Discontinuance of Medical Reimbursement Act, 1972 (Act No, XXV of 1972).
17. S. S. M. No, 243/83: The Pakistan Science Foundation Act, 1973 (Act No, III of 1973).
18. S. S. M. No, 244/83 : The Pakistan Coast Guards, Act, 1973 (Act No, XVIII of 1973).
19. S. S. M. No, 245/83 : The Short Title Act, 1973 (Act No, XXI of 1973).
20. S. S. M. No, 246/83: The Pakistan Nursing Council Act, 1973 (Act No, XXVI of 1973).
21. S. S. M. No, 247/83: The Quaid-e-Azam University Act, 1973 (Act No, XXVIII of 1973).
22. S. S. M. No, 248/83 : Pakistan Council of Scientific and Industrial Research Act, 1973. (Act No, XXX of 1973).
23. S. S. M. No, 249/83: The Pay-As-You Earn Scheme Act, 1973 (Act No, XXXI of 1973).
24. S. S. M. No, 250/83: The Pakistan Broadcasting Corporation Act, 1973 (Act No, XXXII of 1973).
25. S. S. M. No, 253/83: The Port Qasim Authority Act, 1973 (Act No, XLIII of 1973).
26. S. S. M. No, 254/83 : The Publication of the Holy Quran (Elimination of Printing Errors) Act, 1973 (Act No, LIV of 1973).
27. S. S. M. No, 256/83 : The Newspaper Employees (Conditions of Service) Act, 1973 (Act No, LVIII of 1973).
28. S. S. M. No, 257/83: The Pakistan National Council of the Arts Act, 1973 (Act No, LIX of 1973).
29. S. S. M. No, 258/83: The Funds Vesting in the President (Transfer) Act, 1973 (Act No, LX of 1973).
30. S. S. M. No, 259/83: The National Guards Act, 1973 (Act No, LXI of 1973) (The amendment will be in the Army Act).
31. S. S. M. No, 260/83 : The Removal of Accused Persons Act, 1973 (Act No, LXIII of 1913).
32. S. S. M. No, 262/83 : The High Treason (Punishment) Act, 1973 (Act No, ',XVIII of 1973).
33. S. S. M. No, 263/83 : The Service Tribunals Act, 1973 (Act No, LXX of 1973).
34. S. S. M. No, 264/83 : The Employees' Cost of Living (Relief) Act, 1973 (Act No, I of 1974).
35. S. S. M. No, 265/83: The Private Military Organizations (Abolition and Prohibition) Act, 1974 (Act No, IV of 1974).
36. S. S. M. No, 266/83 : The Dock Workers (Regulation of Employment) Act, 1974 (Act No, IX of 1974).
37. S. S. M. No, 2f7/83 : The Companies (Appointment of Legal Advisers) Act, 1974 (Act No, X of 1974).
38. S. S. M. No, 271/83: The Electoral Rolls Act, 1974 (Act No, XXI of 1974).
39. S. S. M. No, 272/83: The University Grants Commission Act, 1974 (Act No, XXIII of 1974).
40. S. S. M. No, 273/83: The Centres of Excellence Act, 1974 (Act No, XXIV of 1974).
41. S. M. No, 274/83 : The Members of Parliament (Salaries and Allowances) Act, 1974 (Act No, XXVII of 1974).
42. S. S. M. No, 275/83: The West Pakistan Industrial Development Corporation (Transfer of Projects and Companies) Act, 1974 (Act No, XXVIII of 1974).
43. S. S. M. No, 276/83 : The Provincial Service Tribunals (Extension of Provisions of the Constitution) Act, 1974 (Act No, XXXII of 1974).
44. S. S. M. No, 277/83 : The Delimitation of Constituencies Act, 1974 (Act No, XXXIV of 1974).
45. S. S. M. No, 279/83 : The Agricultural Pesticides Ordinance, 1971 (Ordinance No, II of 1971).
46. S. S. M. No, 280/83 : The News print Control Ordinance, 1971 (Ordinance No, XI of 1971).
47. S. S. M. No, 281/83 : The Quaid-i-Azam's Mazar (Protection and Maintenance) Ordinance, 1971 (Ordinance No, XXVII of 1971).
48. S. S. M. No, 284/83 : The Companies (Shifting of Registered Office) Ordinance, 1972 (Ordinance No, V of 1972).
49. S. S. M. No, 285/83 : The Worker's Children (Education) Ordinance, 1972 (Ordinance No, XI of 1972).
50. S. S. M. No, 287/83 : The Associated Cement (Vesting) Act, 1975 (Act No, VII of 1975).
51. S. S. M. No, 288/83 : The Federal Investigation Agency Act, 1974 (Act No, VIII of 1975).
52. S. S. M. No, 289/83: The President's Pension Act, 1975 (Act No, IX of 1975).
53. S. S. M. No, 293/83: The Abandoned Properties (Management) Act, 197: (Act No, XX of 1975).
54. S. S. M. No, 294/83 : The Capital Development Authority (Abatement of Arbitration Proceedings) Act, 1975 (Act No, XXVII of 1975). '
55. S. S. M. No, 295/83 : The Exclusive Fishery Zone (Regulation of Fishing) Act, 1975 (Act No, XXXII of 1975).
56. S. S. M. No, 297/83 : The Decorations Act, 1975 (Act No, XLIII of 1975).
57. S. S. M. No, 298/83 : The Area Study Centres Act, 1975 (Act No, XLV of 1975).
58. S. S. M. No 299/83 : The Archival Material (Preservation and Export Control) Act, 1975 (Act No, XLVI of 1975).
59. S. S. M. No, 300/83 : The Senate (Election) Act, 1975 (Act No, LI of 1975).
60. S. S. M. No 301/83 : The Chief Election Commissioner (Salary, Allowances and Privileges) Act, 1975 (Act No, LV of 1975).
61. S. S. M. No, 305/83 : The Validation of Laws Act, 1975 (Act No, LXIII of 1975).
62. S. S. M. No 306/83: The Malaria Eradication Board (Repeal) Act, 1975 (Act No, LXIV of 1975).
63. S. S. M. No, 307/83 : The Federal Board of intermediate and Secondary Education Act, 1975 (Act No LXVIII of 1975).
64. S. S. M. No, 308/83 : The General Statistics Act, 1975 (Act No, LXIX of 1975).
65. S. S. M. No, 309/83 : The Cutting of Trees (Prohibition) Act, 1975 (Act No, LXXIV of 1975).
66. S S. M. No, 310/83: The Airport Security Force Act, 1975 (Act Na. LXXVII of 1975).
67. S. S. M. No, 311/83 : The Foreign Cultural Associations (Regulations of Functioning) Act, 1975 (Act No, LXXIX of 1975).
68. S. S. M. No, 314/83: The Pakistan Engineering Council Act, 1975 (Act No, V of 1976).
69. S. S. M. No, 315/83: The Antiquities Act, 1975 (Act No, VII of 1976).
70. S. S. M. No, 316/83 : The Federal Supervision of Curricula, Textbooks and Maintenance of Standards of Education Act, 1976 (Act No, X of 1976).
71. S. S. M. No, 319/83: The National and Provincial Assemblies (Election to Reserved Seats) Act, 1976 (Act No, XVIII of 1976).
72. S. S. M. No, 320/83: The Members of Parliament and Provinciai Assemblies (Exemption of Advisers from Disqualification) Act, 1976 (Act No, XIX of 1976).
73. S. S. M. No, 321/83 : The Pakistan Tourist Guides Act, 1976 (Act No, XXVI of 1976).
74. S. S. M. No, 322/83: The Pakistan Study Centres Act, 1976 (Act No, XXVII of 1976).
75. S. S. M. No, 323/83 The Seed Act, 1976 (Act No, XXIX of 1976).
76. S. S. M. No, 324/83 : The Travel Agencies Act, 1976 (Act No, XXX of 1976).
77. S. S. M. No, 326/83: The System of Sardari (Abolition) Act, 1976 (Act No, XL of 1976).
78. S. S. M. No, 328/83 : The Dowry and Bridal Gifts (Restriction) Act, 1976 (Act No, XLIII of 1976).
79. S. S. M. No, 329,83 : The Co-operative Farming Act, 1976 (Act No, LII of 1976).
80. S. S. M. No, 331/83: The Pakistan Plant Quarantine Act, 1976 (Act No, LXXV of 1976).
81. S. S. M. No, 333/83 : The Esso Undertakings (V.:sting) Act, 1976 (Act No, LXXIX of 1976).
82. S. S. M. No, 335/83: The Territorial Waters and Maritime Zones., Act, 1976 (Act No LXXXII of 1976).
83. S. S. M. No, 336/83 : The Representation of the Peoples Act, 1976 (Act No, LXXXV of 1976).
84. S. S. M. No, 319/83 : The Parliament and Provincial Assemblies (Disqualification for Membership) Act, 1976 (Act No, V of 1977).
85. S. S. M. No, 340/83 : The Pakistan Railways Police Act, 1977 (Act No VII of 1977).
86. S. S. M. No, 342/83 : The Organisation of the Islamic Conference (Immunities and Privileges) Act, 1977 (Act No, XV of 19771 S. S. M. No, 344/83: The Price Control and Prevention of Profiteering and Hoarding Act, 1977 (Act No, XXIX of 1977).
87. S. S. M. No, 345/83 The Legal Tender (Inscribed Notes) Ordinance, 1977. (Ordinance No, XXII of 197.7).
88. S. S. M. No, 349/83 : The Requisitioned Land (Continuance of Powers) Ordinance, 1977 (Ordinance No, XXXIII of 1977).
89. S. S. M. No, 350;83: The Enemy Prherty (Continuance of Emergency Provisions) Ordinance,.1977 (Ordinance No, XXX1V of 1977).
90. S. S. M. No, 351/83: The Federal Public Service Commission Ordinance, 1977 (Ordinance No, XLV of 1977).
91. S. S. M. No, 237/83: The Companies (Appointment of Trustees) (Act XV of 1972).
92. S. S. M. No, 238/83: The Development of Industries (Federal Control) (Act XVI of 1972).
93. S. S. M. No, 261/83 : The Hydrogenated Vegetable Oil Industry Control and Development) Act (LXV of 1973).
94. S. S. M. No, 268;83 : The Marketing of Petroleum Products (Federal Control) Act (XVII of 1974).
95. S. S. M. No, 269/83 : The Pakistan Maritime Shipping (Regulation and Control) Act (XVIII of 1974).
96. ' The first Act i. e. The Companies (Appointment of Trustees) Act XV of 1972 was promulgated to authorize the Government, as provided in Article 253 (b) of the Constitution, to declare that any trade, business, industry or service speciried in such law shall be carried on or owned, to the exclusion, complete or partial, of other persons, by the Federal Government or a Provincial Government, or by a corporattion controlled by any such Government. Act XV of 1972 is for the appoiutment of trustees who may take over the management of the Company to the exclusion of its Board of Directors.
97. ' The next Act No, XVI of 1972 authorizes the Government to constitute a Board of Industrial Management for the efficient management of its establishment and to appoint a person as its Managing Director. The Schedule to the Act enumerates the industries which were intended to be brought under Federal. Control. The third Act i. e. The Hydrogenated Vegetable al Industry (Control and Development) Act, 1973 is for the taking over of such industries. The fourth Act pertains to the regulation and control of petroleum products while the fifth is about the regulation and control of Pakistan Maritime Shipping Companies.
98. The main objection in respect of these laws is that they have been enacted by virtue of the powers given under Article 253 of the Constitution to the Parliament. Any interference with these laws would amount to interference with Article 253 of the Constitution which is not within our jurisdiction.
99. On the point of non-payment of compensation to the previous management of these taken over industries, reliance is placed upon the provisions of Articles 8 and 24 of the Constitution.
100. ' Article 8 provides that any law inconsistent with the rights conferred by Chapter I of the Constitution' shall to the extent of such inconsistency be void. Sub-Article (3) provides for exemption to this provision. Laws which were given protection are described in Schedule I of the Constitution and include The Economic Reform (Protection of Industries) Regulation, 1972, The Companies (Managing Agency and Election of Directors) Order, 1972.
101. ' Article 24 which provides inter alia for compulsory acquisition or taking possession of property only on payment of compensation exempts inter alia "any existing law or any law made in pursuance of Article 253".
102. ' The Land Reforms Regulation (M. L. R. 115) was held to be (Unquestionable in this Court in 1-lafi: Muhammad Amin v. The Government of Pakistan (1) for the reason that it was enacted by virtue of power conferred on the Legislature by inter alia Articles 24 and 253 of the Constitution and any interference with them would amount to interference with the Constitution.
103. All these laws which were enforced by virtue of the powers conferred upon the Legislature by Articles 24 and 253 are beyond the jurisdiction of this Court.
104. ' S. S. M. No, 252/83: The Loans for Agricultural Purposes Act, 1973 (Act No, XLII of 1973).
105. This Act is not open to any objection. However, it is beyond our jurisdiction since it deals with Banking and Fiscal Matters.
106. ' S. S. M. No, 283/83: The Worker's Welfare Fund Ordinance, 1971 (Ordinance No, XXXVI of 1971).
107. ' The objection to this Ordinance is in section 4-A that it does not lay down the criterion how liability under section 4-A is determinable. We find that such a criterion is given because the amount payable by an industrial establishment is determinable by the Federal Government only on the recommendations of a Committee appointed under subsection (2) of which two members shall be from amongst the employees and two from amongst the workers and the Committee can make its recommendations after examining the financial and other circumstances of each of the industrial establishment. The Ordinance is unexceptionable.
108. ' S. S. M. No, 325/83. The Drugs Act XXXI of 1976.
109. ' The objection was to section 9 in which there is no provision about hearing of the appellant but power has been given to the Appellate Board to enforce regulation regarding the procedure of appeal.
110. Mr. Lftikhar Hussain Chaudhry has shown to us the relevant regulation in which such a power is provided for. The Act is not therefore, open to any objection and is unquestionable.
111. ' S. S. M. No, 240/83 : The Extradition Act, 1972 (Act No, XXI of 1972).
112. ' Section 5 of the Act provides for surrender to the Federal Government of all the fugitive offenders.
113. Subsection (2) of section 5, however, provides that the fugitive offenders shall not be surrendered on the grounds given in that subsection. Thereafter, a procedure is provided for a Magisterial enquiry into the question whether it is a fit case for surrender of the offender, which is possible only in the case of a treaty state. Section 12 provides that if a fugitive offender who has been taken into custody to await his surrender, is not conveyed out of Pakistan within two months after such committal, the High Court, upon application made to it by or on
(1) PI_ D 19R] F SC 21 behalf of the fugitive offender, may order such prisoner to be discharged unless sufficient cause is shown to the contrary.
114. ' During the course of hearing, an objection was raised that High Court should be given jurisdiction to hear appeals against the Magisterial Enquiry on the same lines as provided in section 12. But section 12 does not provide for an appeal ; it provides only for a petition by a fugitive offender who within reasonable period of two months has not been surrendered. No appeal is necessary since on the same lines the fugitkee offender can file application to the High Court under Article 199 of the Constitution. The Act is not therefore, contrary to Sharia nor is in any way discriminatory.
115. ' S. S. M. No, 338/83 : The Holder of Representative Offices (Prevention of Misconduct) Act, 1976 (Act No, IV of 1977).
116. ' The objection is that the Prime Minister and Chief Minister have not been included and there is no reason for their exclusion. The reason is there because regarding them there are provisions in the Constitution. No fault could be found with the law.
117. S. S. M. No, 347/83: The Rice Milling Control and Development (Repeal) Ordinance XXX of 1977.
118. S, S. M. No, 348/83: The Cotton Ginning Control and Development (Repeal) Ordinance XXXI of 1977.
119. S. S. M. No, 346/83 The Flour Milling Control and Development (Repeal) Ordinance No, XXIX of 1977.
120. Section 6 of the first two Ordinances and section 5 of the third Ordinance provide that on restoration of these businesses to the owners, the later shall be entitled to compensation at the rate of 11 per cent. Per annum as payable in accordance with paragraphs 1 and 2 of the schedule to the repealed Acts for the period the ownership and management of the establishment remained with Corporation. A doubt was caused whether II per cent. Is profit or interest. Since, the word compensation has been used it cannot be said that it is interest. It is simply a compensation for the loss suffered by the owners for so long as they remained deprived of ownership and management of their establishments.
121. ' The Ordinances are not repugnant to the Qur'an and the Sunnah. S. S. M. No, 337/83: The Land Reforms Act No, II of 1977.
122. This Act has already been examined in the case of Hafiz Muhammad Amin v. Islamic Republic of Pakistan and others (1).
123. S. S. M. No, 296 (A)/83 : The North-West Frontier Province Suppression of Crimes Act, 1975 (Act No, XXXIII of 1975).
124. S. S. M. No, 296 (B)/83 : The North-West Frontier Province Urban Planning Act, 1975 (Act No, XXXV of 1975).
125. S. S. M. No, 296 (C)/83 : The North-West Frontier Province Bus Stand and Traffic Control (Peshawar)
126. Act, 1975. (Act No, XXXVII of 1975).
127. Mr. Iftikhar Hussain Chaudhry Advocate, drew our attention to the provisions of Article 232 of the Constitution which authorizes the Parliament in its Sub-Article (2)(a) to make laws for a province during emergency. Sub-Article (5) provides that a law made by Parliament, during Proclamation of Emergency which would not but for the issue of that proclamation PLD 1981 F SC have been competent to make, shall, to the extent of the incompetency, cease to have effect on the expiration of a period of six months after the Proclamation of Emergency has ceased to be in force. He submitted that these laws were made by the Parliament during Emergency for the North / West Frontier Province and after the Proclamation of Emergency ceased to have effect, these laws also expired and no longer exist as Federal Laws. Other laws have been made by the Provincial Legislature. As these laws do not exist, it is not necessary to examine them.
128. ' S. S. M. No, 286/83: The Law Reforms Ordinance No, XII of 1972.
129. This Act has been maintained only in respect of amendments of the Code of Criminal Procedure. It is a procedural law and is beyond our jurisdiction.
130. ' S. S. M. No, 318/83 : The Criminal Law Amendment (Special Courts) Act, 1976 (Act No, XVII of 1976).
131. The Act is procedural in character and is beyond our jurisdiction but we do not find anything in it which may be repugnant to the Sharia.
132. S. S. M. No, 292/83 : The Suppression. Of Terrorist Activities (Special Courts) Act (XV of 1975).
133. The Act is procedural and is beyond our jurisdiction. However, we do not find anything in it which is contrary to the Qur'an and Sunnah, S. S. M. No, 317/83 : The Employee's Old Age Benefits Act (XIV of 1976).
134. The Act is about insurance and is not within our jurisdiction.
135. S, S. M. No, 343/83: The Prevention of Gambling Act (XXVIII of 1977). .
136. ' Section 11 exempts from the operation of the Act games played in' a Tourist Complex which is established and maintained under, and in accordance with the terms of a licence granted by Provincial Government and to which only foreigners are admitted. There is no justification for this exemption since gambling is prohibited in Islam. Section 11 shall be repealed.
137. S. S. M. No, 302/83: The President's Salary, Allowances and Privileges. Act, LVIII of 1975.
138. S. S. M. No, 303/83 : The Prime Minister's Salary, Allowances and Priviliges Act (LIX of 1975).
139. S. S. M. No, 304/83 : The Federal Ministers and Ministers of State (Salaries, Allowances and Privileges)
140. Act (LXII of 1975).
141. S. S. M. No, 312/83 : The Chairman and Speaker (Salaries, Allowances and Privileges) Act (LXXX11 of 1975).
142. S. S. M. No, 313/83: The Deputy Chairman and Deputy Speaker (Salaries, Allowances and Privileges)
143. Act (LXXXIII of 1975).
144. ' The relevant provisions under these Acts are section I I of the first two Acts, section 20 of the Act relating to Federal Ministers and Ministers of State and section 16 of the last two Acts.
145. ' These sections provide that if these persons receive any injury as a result of travelling by air on official duty. They shall be paid compensation fixed by the sections by the Government.
146. ' In the case of injury, the compensation shall be paid to these persons but in case of death it shall be paid to the persons nominated and in the absence of such nomination to his heirs.
147. These sections are ultra vires, the provisions of Sharia in respect of the inheritance. The learned counsel for the State, on instruction from the Cabinet Division, submitted that the compensation is in the nature of Insurance/Death gratuity and it is nowhere contemplated that the payment of compensation to the nominee would preclude the legal heirs from claiming their shares from the nominee. This amounts to an admission that the amount of compensation is heritable. In view of this submission there is no harm if the ambiguity in the provision is removed by an amendment.
148. We may, however, clarify that this is not insurance. These laws. Call the amount as compensation and so it is. Compensation for accident, for injury or for death is heritable and is different from pension, maintenance or gifts to any heir or nominee of the deceased. This distinction is discussed in Mirza Muhammad Amin v. Government of Pakistan (I).
149. This clause shall be so amended as to provide for payment of compensation in case of death to the heirs of the deceased only, but if for the sake of convenience it is considered essential that the nominee should be paid, it should be further added that he shall be paid as the agent of all the heirs and he shall disburse the amount between them and such payment shall be made to him on furnishing security for disbursement.
150. ' S. S. M. No, 236/83: The Transfer of Evacuee Land (Katchi Abadi) Act (XIII of 1972).
151. Section 4 of this Act (XIII of 1972) provides in subsection (1) that all allotments and transfers of evacuee land in any Katchi Abadi shall stand cancelled as from the appointed day, and the allottees or transferees of such land shall be paid such compensation therefor, as may be determined by Government. This provision is objectionable to the extent that it leaves to the Government to fix the price or compensation according to its sweet-will. As held in the case of Hafi: Muhammad Amin v. The Government of Pakiclan (2) relating to Marrtial Law Regulation No, 115, the compensation should he according to the market value of the land as prevailing on the date of acquisition. The section shall be amended so as to repeal. Th T wide powers given to the Government and to make it obligatory upon it to pay market value as prevailing on 17th of September. 1972, the date of enforcement of the law.
152. ' S. S. M. No, 25583: The National Registration Act, 1973 (Act No, LVI of 1973).
153. Section 7-A (3) provides for appeal to the Federal Government against the order of cancellation.
154. Impounding or confiscation of the identity card. It does not however, provide specifically for hearing to be given to the appellant. Such provision shall be added in subsection (7-A) (3).
155. ' S. S. M. No, 270/83: The Passports Act, 1974 (Act No, XX of 1974).
156. ' Section 8 authorizes the Federal Government to cancel, impound o confiscate a passport after giving notice in writing calling upon the holder thereof to show cause why the order should not he made. There are
(1) PLD 1982 F SC 143=1982 P SC 550
(2) P I D 1981 F SC 21 however, two exceptions to the service of show-cause notice. Proviso to subsection (2) of section 8 says that no such notice be given under it lithe order of impounding a passport is for a period not exceeding four months. Subsection (3) provides that such notice may not be given if the Federal Government has reason to believe that he has been involved in subversive activities or in activities which are prejudicial to the interest of Pakistan or to Pakistan's relations with any foreign powers.
157. However, subsection (4) provides that I the later case, governed by subsection (3), the aggrieved person may apply to the Federal Government for review within thirty days of the order.
158. ' The objection is that there is no reason for making these two exceptions.
159. ' No objection can be taken to subsection (3) because it requires on the ground given in it an immediate order. The interest of the holder of the passport is protected since that order can be cancelled in review to be filed by the person aggrieved within thirty days of the order. This provision itself amounts to exercise by the aggrieved person of a right to satisfy the Government that the charges against him are not correct but since immediate order may by necessary, no objection can be taken to this exception. However, the exemption in the proviso in subsection (2) regarding four months' period gives a handle to the Officers of the Federal Governments to make arbitrary order for a period of four months and thus to cause sometime, irreparable damage or loss to the passport-holder. The proviso is directed to be repealed.
160. ' S. S. M. No, 278/83 : Allama Iqbal Open University Act (No, XXXIX of 1974).
161. The Act provides for establishment of the Allama Iqbal Open University at Islamabad. Section 31 thereof shall be amended so as to provide fo x an opportunity of being heard in the appeal or application for review submitted by a person aggrieved under the Act.
162. ' S. S. M. No, 282/83 : The Compulsory Service in the Armed Fortes Ordinance (No, XXXI of 1971).
163. An objection has been filed that section 9-A provides for certain concessions to medical practitioners released from service with the Armed Force but these concessions are not given to the Engineers. Seciion 9(A) is as follows : - "Section 9 (A). Notwithstanding anything contained in any other law for the time being in force, a chemical practitioner who, following his release from service with the Armed Forces after having rendered satisfactory service under this Ordinance for a period of not less than two years, enters employment of the Federal Government or a Provincial Government shall be entitled to count towards his seniority in such employment the period of service rendered by him under this Ordinance and to his pay in such employment being fixed alter giving him credit for the service so rendered."
164. ' Explanation.-In this section, 'medical practitioner' has the same meaning as in section 3.
165. ' The argument is that an Engineer also on entering and after release from service with the Armed Forces, any employment of the Federal or Provincial Government should also be entitled to count towards seniority, any such employment, the period of service rendered by him under the Ordinance. The objection prevails on the ground that the omission of Engineers who are also compelled to serve the Armed Forces, is a violation of the human right of equality before law and equal protection of law which is proved by the Qar'an and the Sunnah. After the word Medical Officer in section 9 (A) words "or an Engineer" shall be added.
166. ' S. S. M. No, 327 83 : The .Foreign Private Investment (Promotion and Protection) Act (XLII of 1976).
167. ' Section 6 (b) provides for repatriation of interest in clause (b). Wel'J have no jurisdiction to order any change in respect of interest.
168. ' S. S. M. No, 334/33. The Pakistan Hotels and Restaurants Act, 1976' (Act No, LXXXI of 1976).
169. ' This Act has already been considered while examining the Karachi Hotels and Lodging House (Control) Act, 1950 (Act No, LXV of 1950).
170. ' S. S. M. No, 332/83: The Fee-Charging Employment Agencies (Regulation) Act (No,LXXVII of 1976).
171. ' The Act regulates the working of fee-charging and other employment agencies conducted with a view to profit for placement of workers within Pakistan, section 5 (1, 2) provides for licencing such agencies. Subsections (4) of section 5 provides for cancellation or suspension of the license and for forfeiture of the deposit in whole or in part by the competent authority for contravention of any provision of law or rules and for breach of any of its terms and conditions. There is no provision about hearing before the passing of such order or an appeal from it. The same shall be provided and the Act shall be amended accordingly.
172. ORDER OF THE COURT We direct that the amendments in the following laws shall be made as directed above by the 31st of January, 1984.
(1) The Transfer of Evacuee Land (Katchi Abadi) Act (XIII of 1972).
(2) The National Registration.Act, 1973 (Act No, LVI of 1973).
(3) The Passports Act, 1974 (Act No, XX of 1974).
(4) The Allama Iqbal Open University Act (No, XXXIX of 1974).
(5) The Compulsory Service in the Armed Forces Ordinance (No, XXXI of 1971).
(6) The President's Salary, Allowances and Privileges Act (LVIII o 1975).
(7) The Prime Minister's Salary, Allowances and Privileges Act (LIX D of 1975).
(8) The Federal Ministers and Ministers of State (Salaries, Allowances and Privileges) Act (LXII of 1975).
(9) The Chairman and Speaker (Salaries, Allowances and Privileges Act (LXXXII of 1975).
(10) The Deputy Chairman and Deputy Speaker (Salaries, Allowance and Privileges) Act (LXXXIII of 1975).
173. (11)The Fee-Charging Employment Agencies (Regulation) Act (No, LXXVII of 1976).
(8) The Prevention of Gambling Act (XXVIII of 1977).