Case Details

Citation(s)
2012 SLG 1361 2012 SLD 1361 2012 SCMR 6
Supreme Court of Pakistan
Civil Petition No. 1017-L of 2011, decision dated: 7-10-2011(Against the judgment dated 11-5-2011 passed by the LahoreHigh Court, Multan Bench in W.P. No. 8930 of 2010)
TASSADUQ HUSSAIN, JILLANI, MAHMOOD AKHTAR SHAHID SIDDIQUI AND ASIF SAEED KHAN KHOSA, JJ

Rana AAMER RAZA ASHFAQ and anothervsDr. MINHAJ AHMAD KHAN and anotherPer Tassaduq Hussain Jillani, J

Law:

Section:

(a) Interpretation of Constitution-------Object of Constitution---Role of Judiciary---Scope---Constitution of a country is a sacrosanct document which establishes various institutions, apparatus of government, defines relationship between individuals and the State, between Federation and its Federating units/Provinces and various organizations of the State---Judiciary is under oath to preserve and defend the Constitution under the rule of law and it does so by its power of judicial review. (b) Interpretation of statutes--- ----Referential legislation---Determining factors---In construing such piece of legislation, the court has to examine and keep in mind three things; (i) the Statement of Reasons and Objects given therein; (ii) the Statement of Objects given in other laws in pari materia to the one under consideration; and (iii) mandate of Constitutional provision which stands adopted by way of reference. (c) Constitution of Pakistan--- ----Arts 48 & 105---President and Governor---Working---System of Government---Advice of Prime Minister and Chief Minister---Scope---Constitutional intent and mandate of Arts. 48 and 105 of the Constitution are one of the foundational values of the constitutional scheme---Constitution of Pakistan underpins a system of Federal Parliamentary Democracy---Governor of a Province under the Constitution enjoys an exalted position, as he is a nominee of the President and a symbol of Federation in the Province, whereas Chief Minister is Chief Executive of the Province and is elected by Provincial Assembly---Except otherwise so provided under the Constitution, President and Governor are bound by the advice tendered by Prime Minister and Chief Minister respectively and in the manner as provided in the Constitution. (d) Maxim--- ----Verba relata hoc maxime operantur per referentiam ut in eis inesse vindentur---Meaning---Words to which reference is made in an instrument have the same effect and operation as if they were inserted in clause referring to them. (e) Interpretation of statutes--- ----Referential legislation---Kinds---Amendments incorporated in statute---Duty of court---Referential legislation broadly is of two kinds i.e.,…
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