Chief Martial Law Administrator Order 1979, No. 72

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MARTIAL LAW ORDER

By

CHIEF MARTIAL LAW ADMINISTRATOR

No. 72

[20th October 1979]

  1. In Martial Law Order No. 4, hereinafter referred to as the said Order, in paragraph (2), for sub-paragraph (1), the following shall be substituted and shall be deemed to have always been so substituted :-

"(1) A Military Court shall have power and jurisdiction to try and punish any person for offences under any Martial Law Regulation, Martial Law Order, or under any of the under-mentioned laws notwithstanding that an offence is triable exclusively by a Special Court or Tribunal or Special Judge or any other authority or body :-

(a) Pakistan Penal Code (Act XLV of 1860) ;

(b) President's Order No. 16 of 1977 ;

(c) The Foreign Exchange Regulation Act, 1947 (XII of 1947) ;

(d) The Income-tax Act, 1922 (XI of 1922) ;

(e) The Income-tax Ordinance, 1979 (XXXI of 1979) ;

(f) The offences specified in the Schedule to the Pakistan Criminal Law (Amendment) Act, 1958 (XI, of 1958) ;

(g) The Customs Act, 1969 (IV of 1969) ;

(h) The Prevention of Anti-National Activities Act, 1974 (VII of 1974) ;

(j) The Suppression of Terrorist Activities (Special Courts) Act, 1975 (XV of 1975) ;

(k) The Prevention of Smuggling Act, 1977 (XII of 1977) ;

(l) The Emigration Ordinance, 1979 (XVIII of 1979) ;

(m) The Explosive Substance Act, 1908 (VI of 1908) ;

(n) The Explosives Act, 1884 (IV of 1884) ;

(o) The Foodstuff Control Act, 1958 (XX of 1958) ;

(p) The Punjab Excise Act, 1914 (I of 1914) ;

(q) The Opium Act, 1878 (1 of 1878) ;

(r) The Drugs Act, 1976 (XXX) of 1976) ;

(s) The Pakistan Essential Services (Maintenance) Act, 1952 (LIII of 1952) ;

(t) The West Pakistan Essential Articles Control Act, 1958 (XI of 1958) ;

(u) The West Pakistan, Suppression of Prostitution Ordinance, 1961 (II of 1961);

(v) The Essential Commodities Act, 1957 (Act No. III of 1957) ;

(w) The West Pakistan Arms Ordinance, 1965 (XX of 1965) ;

(x) The Price Control and Prevention of Profiteering and Hoarding Act, 1977 (Act No. XXIX of 1977) ;

(y) The Hoarding and Black Marketing Order, 1956 (P. O. No. XIV of 1956) ;

(z) The Dangerous Drugs Act, 1930 (Act No. II of 1930) ;

(aa) The West Pakistan Pure Food Ordinance, 1960 (Order No. VII of 1960) ;

(bb) The Sind Prevention of Gambling Ordinance, 1978 (Ordinance No. V of 1978) ;

(cc) The Sind Standard Weights and Measures (Enforcement) Act, 1975 (Act No. XX of 1975) ;

(dd) The Sind Pure Food Ordinance,' 1960 (W. P. Ordinance No. VII of 1960) ;

(ee) Provincials Motor Vehicles Ordinance, 1965 (W. P. Ordinance No. XIX of 1965);

(ff) The Sind Crime Control Act, 1975 (Act No. IV of 1975);

(gg) The West Pakistan Control of Goondas Ordinance, 1969 (W. P. Ordinance No. XXXV of 1969);

(hh) The West Pakistan Border Areas Foodstuffs (Control) Order, 1958;

(jj) Land Reforms Act, 1977 (Act II of 1977);

(kk) Land Reforms Regulation, 1972 [Martial Law Regulation No. 115]."

  1. In the said Order after paragraph 3, the following new paragraph 3-A shall be inserted and shall be deemed to have always been so inserted, namely :--

"3-A. No Court, including a High Court, shall grant an injunction, make any order or entertain any proceedings in respect of any matter to which the jurisdiction of a Military Court or Tribunal extends and of which cognizance has been taken by, or which has been transferred to, such Military Court or Tribunal and all proceedings in respect of any such matter which may be pending before such other Court, other than an appeal pending before the Supreme Court, shall abate."

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