| Citation(s) |
|---|
| 1958 SLG 359 1958 SLD 359 1958 PLD 499 |
Supreme Court of Pakistan
Criminal Appeals Nos. 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, and 54 of 1958, decided at Murree on 4th August 1958. dates of hearing : July 29 & 30, 1958.
MUHAMMAD MUNIR, C.J., M. SHAHABUDDIN AND A. R. CORNELIUS, JJ
A. K. Brohi, Senior Advocate, Supreme Court (Khurshid Ahmad, Advocate, Supreme Court, with him), instructed by Siddiq and Company, Attorneys for Appellants. Mushtaq Ahmad, Advocate General, West Pakistan (Iftikhar-ulHaq Khan, Advocate, Supreme Court, with
Criminal Appeals Nos. 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, and 54 of 1958, decided at Murree on 4th August 1958. dates of hearing : July 29 & 30, 1958.
MUHAMMAD MUNIR, C.J., M. SHAHABUDDIN AND A. R. CORNELIUS, JJ
A. K. Brohi, Senior Advocate, Supreme Court (Khurshid Ahmad, Advocate, Supreme Court, with him), instructed by Siddiq and Company, Attorneys for Appellants. Mushtaq Ahmad, Advocate General, West Pakistan (Iftikhar-ulHaq Khan, Advocate, Supreme Court, with
ABDUL AZIZ alias LABHA and others--Appellants
VS
THE PROVINCE OF WEST PAKISTAN--Respondent
Law:
Section:
(a) Constitution of Pakistan, Art. 160-Leave to appeal May be granted in course of hearing of appeals involving common question for decision. (b) Constitution of Pakistan, Art. 7 (S)-Clause (5) guarantees certain rights to detenu but does not provide that detention laws must necessarily contain provisions corresponding -to such rights. (c) Interpretation of Constitution-Constitutional provisions must be interpreted as befits an organic instrument in widest possible sense, but must not be stretched with object of saving validity of a particular statute. A constitutional provision must be interpreted, as befits an organic instrument, in the widest possible sense. It is not permissible to place narrow constructions upon provisions contained in a Constitution, if the result be- that thereby the validity of a statute is prejudiced. In all circumstances, the full scope and extent of the constitutional provision must first be determined, and if the statute in question is capable of a construction which is conformable to the true meaning of the relevant constitutional provision, then that construction should be accepted. It is not permissible to adapt the Constitution for the purpose of saving a statute, when in fact the requirement is that all statutes and more generally, all sub-constitutional laws should conform to the Constitution. Constitutional provisions may not be stretched by interpretation with the object of saving the validity of statutes, which ex facie contravene the Constitution. (d) Constitution of Pakistan, Art. 224-"Adaptations" refers to legislative adaptation. Article 224 of the Constitution of Pakistan is not available for the making of adaptations otherwise than by legislation, since to allow this would be to render Article 4 nugatory which invalidates all existing laws in so far as they are inconsistent with the Fundamental Rights conferred by Part II of the Constitution. (e) Words and phrases-"Pith and substance"-Phrase used generally with reference to sub-constitutional laws but may be aptly used with reference to a constitutional provision which is not of the organic category. The expression "pith and substance" is familiarly applied to the…
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