HIDAYATULLAH vs FEDERATION OF PAKISTAN And Another

The appellant, a former Sub-Divisional Magistrate, challenged his dismissal from service which had been effected under Martial Law Regulation No. 58 on May 30, 1970. Following the dismissal of his appeal by the Service Tribunal on November 18, 1979, the appellant sought leave to appeal before the Supreme Court of Pakistan. During the pendency of these proceedings, C.M.L.A. Order No. 3 of 1982 was promulgated on August 30, 1982, which introduced Article 13-A into the Provisional Constitution Order. The core legal question before the Court was the effect of this new constitutional provision on pending litigation challenging actions taken under Martial Law Regulation No. 58. The Supreme Court held that Article 13-A(b) of the Provisional Constitution Order explicitly validated all actions taken under Martial Law Regulation No. 58 and mandated that all pending proceedings challenging such actions must abate immediately. Consequently, the Court ruled that the appellant's appeal stood abated by operation of law upon the promulgation of the C.M.L.A. Order, resulting in the disposal of the matter without further adjudication on the merits.