Law (Continuance in Force) Order

On 7 October 1958 President Iskander Mirza proclaimed Martial Law in the country and appointed General Mohammad Ayub Khan as the Chief Martial Law Administrator. The Laws (Continuance in Force) Order, 1958, was issued by the General M. Ayub Khan on 10 October, and was supposed to take effect in retrospect from 7 October 1956. Its aim was to provide a legal framework in the absence of any other constitution in the country.

Laws (Continuance in Force) Order, 1958

Article 1

(1) This order may be called the Laws (Continuance in Force) Order, 1958.

(2) It will come into force at once and be deemed to have taken effect immediately upon the making of the Proclamation of Oct. 7, 1958, hereinafter referred to as the Proclamation.

(3) It extends to the whole of Pakistan.

Article 2

(1) Notwithstanding the abrogation of the Constitution of March 23, 1956, hereinafter referred to as the late Constitution, by the Proclamation and subject to any Order of the President or regulation made by the Chief Administrator of Martial Law the Republic, to be known henceforward as Pakistan, shall be governed as nearly as may be in accordance with the late Constitution.

(2) Subject as aforesaid all courts in existence immediately before the Proclamation shall continue in being and, subject further to the provisions of this Order, in their powers and jurisdictions.

(3) The law declared by the Supreme Court shall be binding on all Courts in Pakistan.

(4) The Supreme Court and the High Courts shall have power to issue the writs of habeas corpus, mandamus, prohibition, quo warranto and certiorari.

(5) No writ shall be issued against the Chief Administrator of Martial Law or the Deputy Chief Administrator of Martial Law or any person exercising powers or jurisdiction under the authority of either.

(6) Where a writ has been sought against an authority which has been succeeded by an authority mentioned in the preceeding clause, and the writ sought is a writ provided for in clause (4) of this Article, the Court notwithstanding that no writ may be issued against an authority so mentioned may send to that authority its opinion on a question of law raised.

(7) All orders and judgments made or given by the Supreme Court between the Proclamation and the promulgation of this Order are hereby declared valid and binding on all Courts and authorities in Pakistan, but saving those orders and judgments no writ or order for a writ issued or made after the Proclamation shall have effect unless it is provided for by this Order, and all application and proceedings in respect of any writ which is not so provided for shall abate forthwith.

Article 3

No Court or person shall call or permit to be called in question

i. the Proclamation;
ii. Any Order made in pursuance of the Proclamation or any Martial Law Order or Martial Law regulation;
iii. Any finding, judgment or order of a special Military Court or a summary Military Court.

Article 4

(1) Notwithstanding the abrogation of the late Constitution, and subject to any order of the President or regulation made by the Chief Administrator of Martial Law, all laws, other than the late Constitution, and all ordinances, orders-in-Council, orders other than orders made by the President under the late Constitution, such orders made by the President under the late Constitution as are set out in the Schedule to this Order, rules, by-laws, regulations, notifications, and other legal instruments in force in Pakistan or in any part thereof or having extra-territorial validity, immediately before the Proclamation, shall, so far as applicable and with such necessary adaptations as the President may see fit to make, continue in force until altered, repealed or amended by competent authority.

(2) In this Article a law is said to be in force if it has effect as law whether or not the law has been brought into operation.

(3) No Court shall call into question any adaptation made by the President under Clause (1).

Article 5

(1) The powers of the Governor shall be those which he would have had the President directed him to assume on behalf of the President all the functions of the Government of the Province under the provisions of Article 193 of the late Constitution and such powers of making Ordinances as he would have had and within such limitations had Article 106 and clauses (1) and (3) of Article 102 of the late Constitution been still in force.

(2) In the exercise of the powers conferred by the previous clause the Governor shall act subject to any directions given to him by the President or by the Chief Administrator of Martial Law or by any person having authority from the Chief Administrator.

(3) Nothing in this Article shall prejudice the operation of any regulation made by the Chief Administrator of Martial Law to make martial law regulations and where any ordinance or any provision thereof made under clause (1) of this Article is repugnant to any such regulation or part thereof the Regulation or part shall prevail.

Article 6

All persons who immediately before the Proclamation where in the service of Pakistan as defined under Clause (1) of Article 218 of the late Constitution and those persons who immediately before the Proclamation were in office as Governor, Judge of the Supreme Court or a High Court, Comptroller and Auditor-General, Attorney-General or Advocate-General, shall continue in the said service or in the said office on the same terms and conditions and shall enjoy the same privileges, if any.

Article 7

Any provision in any law providing for the reference of a detention order to an Advisory Board shall be of no effect.

Schedule

Source: Friends Not Masters by Mohammad Ayub Khan. Published by Oxford University Press (Pakistan) 1967

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