| Citation(s) |
|---|
| 2015 SLG 542 2015 SLD 542 2015 PLD 69 |
Balochistan High Court
Constitutional Petitions Nos. 474 of 2006 and 80 of 2009,decided on 24th March, 2015. DATE of hearing: 1st December,2014
MUHAMMAD NOOR MESKANZAI, C.J., JAMAL KHAN MANDOKHAIL AND MUHAMMAD KAMRAN KHAN MULAKHAIL, JJ
Muhammad Akbar Azad, Hadi Shakeel Ahmed (Petitioner in person) and Muhammad Qahir Shah for Petitioners. Sher Shah Kasi, DAG and Shai Haq Baloch, A.A.G. for
Respondents
Constitutional Petitions Nos. 474 of 2006 and 80 of 2009,decided on 24th March, 2015. DATE of hearing: 1st December,2014
MUHAMMAD NOOR MESKANZAI, C.J., JAMAL KHAN MANDOKHAIL AND MUHAMMAD KAMRAN KHAN MULAKHAIL, JJ
Muhammad Akbar Azad, Hadi Shakeel Ahmed (Petitioner in person) and Muhammad Qahir Shah for Petitioners. Sher Shah Kasi, DAG and Shai Haq Baloch, A.A.G. for
Respondents
MUHAMMAD AKBAR AZAD and anothersvsFEDERATION OF PAKISTAN through Secretary, Law, Justice and Human Rights Division and others
Law: Constitution of Pakistan, 1973
Section: 199,143,Part.II,Ch.1
Law: West Pakistan Civil Courts Ordinance (II of 1962)
Section: Preamble,1(3),28,Sched
Law: Central Laws (Statues Reforms) Ordinance (XXI of 1960)
Section: Preamble,4(1)
Law: Dastoor-ul-Amal Diwani, Riasat Kalat, 1952
Section: Preamble,11,12
(a) Constitution of Pakistan--- ----Art. 199---High Court---Judicial review, power of---Scope---Legislative instrument---While exercising the power of judicial review, the court was hardly concerned with good or bad aspects of the legislative instrument rather the prime, paramount and pivotal consideration (of the court) was the constitutionality of the statute---Court had to ensure and remain satisfied that any of the provisions of the enactment was not violative of the Constitution. (b) Dastoor-ul-Amal Diwani, Riasat Kalat, 1952 --- ----Preamble---Legislative history of Dastoor-ul-Amal Diwani, Riasat Kalat, 1952 and subsequent legislations affecting, amending and repealing the Dastoor or otherwise, traced. (c) West Pakistan Civil Courts Ordinance (II of 1962)--- ----Preamble, Ss.1(3) & 28 & Sched.---Dastoor-ul-Amal Diwani, Riasat Kalat, 1952, Preamble---Dastoor-ul-Amal Diwani, Riasat Kalat (Amendment) Ordinance (XXXII of 1984), Preamble---Dastoor-ul-Amal Diwani Kalat (Amendment) Act, 1989 (I of 1990), Preamble---Central Laws (Statues Reforms) Ordinance (XXI of 1960), Preamble & S.4(1)---Government of Balochistan, Notification No.Legis.6-63/LAW/80-II, dated 19th April, 1982---Constitution of Pakistan, Arts. 143 & 199---Constitutional petition---Dastoor-ul-Amal Diwani, Riasat Kalat, 1952 ("Dastoor"), applicability of---Contention of petitioner that the said Dastoor had been repealed by Schedule to the West Pakistan Civil Courts Ordinance, 1962, thus it did not exist on the statute book and therefore was void and of no legal effect; that the Provincial Government was not empowered to withdraw the applicability of West Pakistan Civil Courts Ordinance, 1962, from certain areas of the Province and revive the Dastoor in its place---Validity---Section 1(3) of West Pakistan Civil Courts Ordinance, 1962 and different notifications issued by the Government from time to time showed that the said Ordinance was only made applicable to certain areas of the entire Province, and its applicability in any other area of the Province was subject to issuance of a notification in the official Gazette by the Government by specifying the particular date---Said…