Martial Law in Pakistan

As Pakistan was created by the division of India into two dominions, it inherited, along with India, the laws in force at the time of the partition. Martial law was part of the existing laws thus inherited. As we have seen, martial law under the common law rule was administered in 1942 in Sind which later became a province of Pakistan. To the government of Pakistan this was the latest instance of martial law administration with which they were closely familiar. When therefore they had to resort to martial law in 1953, they followed the latest precedent and administered it under the common law rule without recourse to legislation.

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References

1. Hans Kelsen, General Theory of Law and State. pages 117–118. quoted in State v. Dosso, P.L.D. 1958, S.C. (Pak.) 533, 539–540. Google Scholar
2. State V. Dosso, P.L.D. (1958) S.C. (Pak.) 533, 540. Google Scholar
3. The Asian Recorder, November 22–28, 1958, page 2367. Google Scholar

1. Joseph Minattur Ph.D. (London), LL.D. (Nimeguen) of Lincoln’s Inn

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© 1962 Martinus Nijhoff, The Hague, Netherlands

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Minattur, J. (1962). Martial Law in Pakistan. In: Martial Law in India, Pakistan and Ceylon. Springer, Dordrecht. https://doi.org/10.1007/978-94-011-9292-7_3

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