| Citation(s) |
|---|
| 1995 SLG 1081 1995 SLD 1081 1995 CLC 1039 |
Lahore High Court
Writ Petition No. 1177 of 1995, heard on 31st January, 1995
CH. MUSHTAQ AHMAD KHAN ACID MUHAMMAD AQIL MIRZA, JJ
Birjees Nagi for Petitioner. Faqir Muhammad Khokhar, Dy. Attorney-General of Pakistan (on Courts call)
Writ Petition No. 1177 of 1995, heard on 31st January, 1995
CH. MUSHTAQ AHMAD KHAN ACID MUHAMMAD AQIL MIRZA, JJ
Birjees Nagi for Petitioner. Faqir Muhammad Khokhar, Dy. Attorney-General of Pakistan (on Courts call)
M.D. TAHIR
VS
FEDERATION OF PAKISTAN and others
Law:
Section:
(a) Constitution of Pakistan (1973)-------Preamble---Sovereignty on earth belongs to Almighty Allah and authority to govern a State by the people of Pakistan vests in them as being a sacred trust to be discharged through their chosen representatives. (b) Constitution of Pakistan (1973)--- ----Preamble---Territorial sovereignty---Integrity of territories of Pakistan is the inviolable obligation of every person he may be an ordinary man or may be a functionary of the State, safeguard whereof is the bounden duty of every Pakistani. (c) Constitution of Pakistan (1973)--- ----Preamble & Art. 40---All the three organs of the State viz. judiciary, legislature and executive are to perform their function within their own areas and the Constitution is to be harmoniously interpreted in such a manner that functions of one organ are not unnecessarily interfered with by the other--Policy decisions regarding political issues are to be taken by the Government in power in accord with the Constitution, law and principles of policy, including Art. 40 of the Constitution. (d) Constitution of Pakistan (1973)--- ----Preamble---Territorial sovereignty---Government of the time is duty bound to act in the manner that without alienating territorial sovereignty of Pakistan it adopts policies which are for the betterment of the people of Pakistan with a view to achieve egalitarian society having a respectful place both externally and internally and for the purpose of achievement of peace and prosperity for humanity. (e) Constitution of Pakistan (1973)--- ----Arts. 199 & 2A---Judicial review---Scope---International agreements which are a part of foreign policies of the Government cannot be called in question in exercise of power of judicial review and commitments made thereunder are necessarily to be honoured as per mandate of the Constitution itself, and Injunctions of Islam. (f) Constitution of Pakistan (1973)--- ----Art. 40 & preamble---Territorial sovereignty of Pakistan---Concept---Small chunk of land transferred by gift by the Government to Sultan Qabus of Oman for the purpose of construction of His Majesty's residence and offices---Such deals/agreements do not…
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