| Citation(s) |
|---|
| 1989 SLG 1 1989 SLD 1 1989 PLD 61 |
Supreme Court of Pakistan
Civil Petition No. 1076 of 1988, decided on 12th November, 1988. DATE of hearing: 12th November, 1988.
MUHAMMAD HALEEM, C.J., AALAM RIAZ HUSSAIN, MUHAMMAD AFZAL ZULLAH, NASIM HASSAN SHAH, ABDUL KADIR SHAIKH, SHAFIUR RAHMAN, JAVID IQBAL, GHULAM MUJADDID, SAAD SAOOD, JAN. USMAN ALI SHAH, ALI HUSSAIN QAZILBASH AND NAIMUDDIN, JJ
Aziz A. Munshi, Attorney General for Pakistan assisted by Ch.Muhammad Farooq, Deputy Attorney General, Ch.Ijaz Ahmad, Advocate Supreme Court and Ch.FazaliHussain, Advocateon Record for Petitioner. Abid Hasan Minto, Senior Advocate Supreme Court and M.A.
Civil Petition No. 1076 of 1988, decided on 12th November, 1988. DATE of hearing: 12th November, 1988.
MUHAMMAD HALEEM, C.J., AALAM RIAZ HUSSAIN, MUHAMMAD AFZAL ZULLAH, NASIM HASSAN SHAH, ABDUL KADIR SHAIKH, SHAFIUR RAHMAN, JAVID IQBAL, GHULAM MUJADDID, SAAD SAOOD, JAN. USMAN ALI SHAH, ALI HUSSAIN QAZILBASH AND NAIMUDDIN, JJ
Aziz A. Munshi, Attorney General for Pakistan assisted by Ch.Muhammad Farooq, Deputy Attorney General, Ch.Ijaz Ahmad, Advocate Supreme Court and Ch.FazaliHussain, Advocateon Record for Petitioner. Abid Hasan Minto, Senior Advocate Supreme Court and M.A.
FEDERATION OF PAKISTAN
VS
AITZAZ AHSAN and another--Respondents
Law: Constitution of Pakistan, 1973
Section: 5(2),51(2),185(3)
Law: Representation of the People Act, 1976
Section: 33
(a) Constitution of Pakistan (1973)-- --- Arts. 5(2), 51(2) & 185(3)--Representation of the People Act (LXXXV of 1976), S.33 (as amended by Representation of the People (Second Amendment) Ordinance (XXV1 of 1988) and Representation of the People (Third Amendment) Ordinance (XXVII of 1988)]--Leave to appeal granted against the of High Court (whereby the provisions of Ordinances Nos. XXVI and XXVII of 1988 requiring the production of an Identity Card before the issuance of a ballot paper to a voter at the forthcoming general elections had been held to contravene the provisions of Art.51(2) of the Constitution on the ground that these constituted a clog on the entitlement of a person to vote, who was otherwise qualified under the said provision, in order to consider questions of general public importance calling for the interpretation of Constitutional provisions contained in Arts. 5(2) & 51(2) of the Constitution and the relevant laws which required authoritative decision of the Supreme Court. Per Muhammad Haleem, C.J., Aslam Riaz Hussain, Muhammad Afzal Zullah, Nasim Hasan Shah, Abdul Kadir Shalkh Shiur Rahman, Javid Iqbal, Ghulam Mujaddid,Usman Ali Shah, All - Hussain Qazilbash and Naimuddin, JJ.-agreeing, saad Saood Jan , J. contra (b) Constitution of Pakistan (1973)-- --- Arts. 51(2), 5(2), 2(80) & 185 ( 3) - -Representation of the People Act (LXXXV of 1976), S.33 [as amended by Representation of the People (Second Amendment) Ordinance (XXVI of 1988) and Representation of the People (Third Amendment) Ordinance (XXVII of 1988) ]--National Registration Act (LVI of 1973), ss. 8 & 11- -Supreme court Rules, 1980, O.XXXIII, R.6--Leave to appeal--Prayer for suspension of impugned order during pendency of appeal--High Court order declaring provisions of Ordinance requiring the production of an Identity Card before the issuance of a ballot paper to a voter at the election as violative of Art.51(2) of the Constitution, suspended till the hearing and decision of the appeal on the ground that until a law is finally held to be ultra vires for any reason, it should have its normal operation and for the reason that balance of convenience was also in favour…
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