KARACHI: Arguments on nine ‘Habeas Corpus’ applications on points of law in connection with the bomb explosion case were concluded yesterday [Aug 19] before the full bench of the Chief Court consisting of Hon. Chief Justice, Sir Godfrey Davis, Mr. Justice Lobo and Mr. Justice O’ Sullivan.
The Advocate-General submitted that the Head of the Government had sovereign powers and could in fact under the Act of 1878 not merely order the detention of a person, but also impose even the sentence of death.
He could also make his orders with retrospective effect because in some cases he might not be on the spot to issue and order forthwith or an ordinance might take some time in drafting and promulgation. And because ordinances were issued in a hurry, they could not be subjected to such minute scrutiny as any law passed by any legislature, where every word and every section were carefully considered and debated upon. As regards the contention that a Special Court could not try a case which had already commenced before any Magistrate, he gave the example of an orgy of special order to meet the situation, but meantime it was quite likely that the investigation might have been completed and the accused sent up to stand their trials.
Published in Dawn, August 22nd, 2018