Law:

Section:

(a) Supreme Court Rules, 1956--- O. XXVI-Review-That decision of Court on certain points bound to have far-reaching effect on whole administrative machinery of Government, particularly, on functions of executive in performance of its duties and obligations-No ground for review.-[Review]. Per Muhammad Yaqub Ali and Salahuddin Ahmed, JJ. [Hamoodur Rahman, C. J. and Anwarul Haq. J. contra]- (b) Constitution of Pakistan (1973)- - Arts. 4, 8 to 10, 232 & 233 read with Arts. 15 to 19 & 24-Proclamation of Emergency - Fundamental Rights, enforcement of Art. 4 (declaring right to be treated in accordance with law as inalienable right of every citizen) and Art. 9 (providing non-deprivation of life and liberty, save in accordance with law) being not included in President's order suspending moving of Courts for enforcement of Fundamental Rights, action not covered by authority of law and in violation of Arts. 4 & 9, held, cannot be taken by Executive and Executive precluded from taking any action not covered by law even during Proclamation of Emergency-View, however, not conclusive. Clause (2) of Article 233 of 1973 Constitution empowers the President while -the Proclamation of Emergency is in force to declare that the right to move ,any Court for the enforcement of such of the Fundamental Rights conferred by Chapter I, Part II, as may be specified in the Order shall remain suspended. If clause (2) is interpreted to mean that the President may, by Order, suspend the remedy to enforce all the Fundamental Rights contained in Chapter I, Part 11, it will lead to the result that actions which are not covered by the authority of law may be taken by the executive which will be immune from challenge in a High Court. Article 4 which is not included in Chapter I, Part II, lays down in unambiguous terms that to be treated in accordance with law is the inalienable right of the citizens. Article 9 which is not included in the President's Order under clause (2) of Article 233 provides that no person shall be deprived of life and liberty save in accordance with law. How can it then be maintained that an action which is not covered by the authority of law and is in violation…

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