Law:

Section:

(a) Constitution of Pakistan-------Arts. 17, 41(1), 42, 184(3), 244 & Preamble---Human rights case concerning creation of an "Election Cell" in the Presidency with the aid of Chief of Army Staff and officials of intelligence agencies to provide financial assistance from public exchequer to favoured candidates, or a group of political parties to achieve desired results in the elections held in the year 1990---Maintainability---Present case was based on the fundamental right of citizens enshrined in Art.17 of the Constitution and raised an important question of public importance to enforce the fundamental rights, therefore, in accordance with provisions of Art.184(3) of the Constitution, jurisdiction was assumed by the Supreme Court accordingly. (b) Constitution of Pakistan--- ----Art. 17 & Preamble---Elections process---Right of citizens to elect their representatives---Scope---Citizens as a matter of right were free to elect their representatives in an election process which was conducted honestly, justly, fairly and in accordance with law. (c) Constitution of Pakistan--- ----Arts. 17, 41(1), 42, 184(3), 244, 245(1) & Preamble---Human rights case concerning creation of an "Election Cell" in the Presidency with the aid of Chief of Army Staff and officials of intelligence agencies to provide financial assistance from public exchequer to favoured candidates, or a group of political parties to achieve desired results in the elections held in the year 1990---President, Chief of Army Staff and officials of intelligence agencies were not supposed to create an "Election Cell" or to support a political party/group of political parties, because if they did so, the citizens would fail to elect their representatives in an honest, fair and free process of election, and their actions would negate the constitutional mandate on the subject---General election held in the year 1990 was subjected to corruption and corrupt practices---Material produced established that an "Election Cell" had been created in the Presidency with the aid of Chief of Army Staff and Director-General of the intelligence agency---Said "Election Cell" was functioning to provide financial…

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