| Citation(s) |
|---|
| 2013 SLG 1721 2013 SLD 1721 = 2013 PLD 1 |
Supreme Court of Pakistan
Human Rights Case No.19 of 1996, decided on 19th October, 2012. (Application by Air Marshal (Retd.) Muhammad Asghar Khan)
IFTIKHAR MUHAMMAD CHAUDHRY, C, J, JAWWAD S. KHAWAJA AND KHILJI ARIF HUSSAIN, JJ
Salman Akram Raja, Advocate Supreme Court assisted by Malik Ghulam Sabir, Advocate along with Air Marshal (R) M. Asghar Khan for Petitioner. Irfan Qadir Attorney General for Pakistan, Dil Muhammad Khan Alizai, DAG, Raja Abdul Ghafoor, Advocate-on-Record assisted by Barrister Shehryar Riaz Sheikh, Advocate, Commander Hussain Shahbaz, Director (L), Wing Comd. M. Irfan, Deputy Director for the Federation/M.O. Defence. Muhammad Akram Sheikh Senior Advocate Supreme Court assisted by Ch. Hassan Murtaza Mann, Advocate along with General Retd. Mirza Aslam Baig for
Respondent No.1. Ltd. General Retd. Asad Durrani, Ex-D.G., ISI (in person) as
Respondent No.2. Muhammad Munir Piracha, Senior Advocate Supreme Court for
Respondent No.3. Sh. Khizar Hayat, Senior Advocate Supreme Court for Appellants (in C.M.A. No.918/2007). Roeded Khan (in person) as Appellant (in C.M.A. NO.3196/2012). Raja Abdul Ghafoor, Advocate-on-Record for Appellants (in C.M.A. No.3410/2012). Malik Asif Hayat, Secretary to the President and Arshad Ali Chaudhry, Director Legal (On Court's Notice (for President Secretariat). Raja Abdul Ghafoor, Advocate-on-Record for SBP. Mazhar Ali Chaudhry, DPG and Brig.(R) Hamid Saeed (in person) for NAB. Nemo for HBL Date of hearing: 19th October, 2012.
Human Rights Case No.19 of 1996, decided on 19th October, 2012. (Application by Air Marshal (Retd.) Muhammad Asghar Khan)
IFTIKHAR MUHAMMAD CHAUDHRY, C, J, JAWWAD S. KHAWAJA AND KHILJI ARIF HUSSAIN, JJ
Salman Akram Raja, Advocate Supreme Court assisted by Malik Ghulam Sabir, Advocate along with Air Marshal (R) M. Asghar Khan for Petitioner. Irfan Qadir Attorney General for Pakistan, Dil Muhammad Khan Alizai, DAG, Raja Abdul Ghafoor, Advocate-on-Record assisted by Barrister Shehryar Riaz Sheikh, Advocate, Commander Hussain Shahbaz, Director (L), Wing Comd. M. Irfan, Deputy Director for the Federation/M.O. Defence. Muhammad Akram Sheikh Senior Advocate Supreme Court assisted by Ch. Hassan Murtaza Mann, Advocate along with General Retd. Mirza Aslam Baig for
Respondent No.1. Ltd. General Retd. Asad Durrani, Ex-D.G., ISI (in person) as
Respondent No.2. Muhammad Munir Piracha, Senior Advocate Supreme Court for
Respondent No.3. Sh. Khizar Hayat, Senior Advocate Supreme Court for Appellants (in C.M.A. No.918/2007). Roeded Khan (in person) as Appellant (in C.M.A. NO.3196/2012). Raja Abdul Ghafoor, Advocate-on-Record for Appellants (in C.M.A. No.3410/2012). Malik Asif Hayat, Secretary to the President and Arshad Ali Chaudhry, Director Legal (On Court's Notice (for President Secretariat). Raja Abdul Ghafoor, Advocate-on-Record for SBP. Mazhar Ali Chaudhry, DPG and Brig.(R) Hamid Saeed (in person) for NAB. Nemo for HBL Date of hearing: 19th October, 2012.
Air Marshal (Retd.) MUHAMMAD ASGHAR KHAN---Petitioner
VERSUS
General (Retd). MIRZA ASLAM BAIG, FORMER CHIEF OF ARMY STAFF and others---Respondents
Law: Constitution of Pakistan, 1973
Section: 17(2), 41(1), 42, 51(6)(a), 244 & 184(3)
(a) Constitution of Pakistan---Arts. 17(2), 41(1), 42, 51(6)(a), 244 & 184(3)---Human Rights Case concerning creation of "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---President of Pakistan at that time, supported a group of political parties through the "Election Cell" established in the President House and for that purpose, funds were arranged and the same were distributed to various politicians/political parties through intelligence agencies--- People were thus deprived of their fundamental right under Art.17 of the Constitution to participate in a free, fair and just election, particularly in the constitution of national or provincial assemblies, where interference was made by a person not below the status of a functionary who was Head of the State and symbol of unity as per Art.41(1) of the Constitution---Sums were disbursed to a group of politicians by individuals, who were members of the Armed Forces, in particular intelligence agencies with a view to manoeuvre the election results in derogation of the fundamental right guaranteed under Art.17(2) of the Constitution---Present case was of great significance and the Supreme Court, in exercise of its jurisdiction under Art.184(3) of the Constitution was called upon to discharge its responsibility of enforcing fundamental rights of the people guaranteed under the Constitution---Case was registered under Art.184(3) of the Constitution by the Supreme Court, accordingly.Mian Nawaz Sharif v. Federation PLD 1993 SC 473; Workers' Party Pakistan v. Federation of Pakistan PLD 2012 SC 681; Shahid Orakzai v. The Federation PLD 2011 SC 365; Benazir Bhutto's case PLD 1988 SC 416; Benazir Bhutto v. Federation of Pakistan PLD 1989 SC 66; Muhammad Nasir Mahmood v. Federation of…
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