| Citation(s) |
|---|
| 2003 SLG 3414 2003 SLD 3414 2003 PLD 74 |
Supreme Court of Pakistan
Constitutional Petition No. 36 of 2002, decided on 7th October, 2002.
SH. RIAZ AHMED, C.J., MUNIR A. SHEIKH, NAZIM HUSSAIN SIDDIQUI, IFTIKHAR MUHAMMAD CHAUDHRY AND QAZI MUHAMMAD FAROOQ, JJ
Zafarullah Khan, Advocate Supreme Court and Tanvir Ahmed, Advocate-on-Record (absent) for Petitioner. Makhdoom Ali Khan, Attorney General for Pakistan assisted by Dr. Danishwar Malik, Deputy Attorney General for Pakistan and M.S. Khattak, Advocate-on-Rec
Constitutional Petition No. 36 of 2002, decided on 7th October, 2002.
SH. RIAZ AHMED, C.J., MUNIR A. SHEIKH, NAZIM HUSSAIN SIDDIQUI, IFTIKHAR MUHAMMAD CHAUDHRY AND QAZI MUHAMMAD FAROOQ, JJ
Zafarullah Khan, Advocate Supreme Court and Tanvir Ahmed, Advocate-on-Record (absent) for Petitioner. Makhdoom Ali Khan, Attorney General for Pakistan assisted by Dr. Danishwar Malik, Deputy Attorney General for Pakistan and M.S. Khattak, Advocate-on-Rec
KhaN
VS
CHIEF EXECUTIVE/PRESIDENT OF PAKISTAN, and another
Law:
Section:
(a) Legal Framework Order (24 of 2002)--- -----Art. 3 & Sched.---Constitution of Pakistan (1973), Arts. 184(3) & 239--Consitutitional petition before the Supreme Court under Art. 184(3) of the Constitution---Contentions of the petitioner, inter alia, were that the amendments made in the Constitution of Pakistan (1973) through the Schedule to the Legal Framework Order, 2002 be set aside on the ground of being illegal and unconstitutional and that the Legal Framework Order, 2002 violated the of Supreme Court in Syed Zafar Ali Shah PLD 2000 SC 869---Validity---Held, Supreme Court in Syed Zafar Ali Shah's case PLD 2000 SC 869 had validated the extra Constitutional step on the touchstone of the Doctrine of State Necessity and the principle of salus populi est suprema lex and had come to the conclusion that sufficient corroborative and confirmatory material existed to justify the intervention by the Armed Forces through extra-Constitutional treasure---Supreme Court, while validating. the extra-Constitutional step declared that the Constitution of Pakistan (1973), remained the supreme law of the land subject to the condition that certain parts thereof had been held in abeyance on account of the State Necessity and General Parvez Musharraf, Chief of Army Staff/Chairman, Joint Chiefs of Staff Committee, described as Chief Executive, was entitled to perform all such acts and promulgate all legislative measures namely "all acts and legislative measures, which were in accordance with or could have been made under the Constitution of Pakistan (1973) including the power to amend it"; restriction was, however, placed upon the power to amend the Constitution to the effect that it could be resorted to only if the Constitution failed to provide a solution for attainment of the declared objectives of the Chief Executive and the power was controlled by the criteria that "all acts which tend to advance the good of people, all acts required to be done for, the ordinary orderly running of the State and all such measures as would establish or would lead to the establishment of the declared objectives of the Chief Executive" ---Procedure to amend the Constitution as enshrined…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492