Case Details

Citation(s)
1998 SLG 799 1998 SLD 799 1998 SCMR 1917
Supreme Court of Pakistan
Constitution Petitions Nos. 43 and 44 of 1997, decision dated: 12-01-1998
AJMAL MIAN, C.J., MUNAWAR AHMAD MIRZA, SH. IJAZ NISAR, ABDUR REHMAN KHAN AND CH. MUHAMMAD ARIF, JJ
Petitioner in person. Mian Tariq Mehmood, Deputy Attorney-General alongwith Ch. Fazle Hussain, Advocate-on-Record for
Respondents (on Courts Notice)

NAVID MALIK

VS

PRESIDENT OF PAKISTAN and others

Law:

Section:

(a) Constitution of Pakistan (1973)-------Arts. 75 & 184(3)---Assent of President to a Bill---Constitutional petition--­Maintainability---No writ can be issued against the Parliament or the President restraining them from passing a Bill or assenting to the same. (b) Constitution of Pakistan (1973)--Arts. 184(3) & 75---Assent of President to a Bill---Judicial review by Supreme Court---Scope---Once a Bill becomes an Act, Supreme Court is entitled to examine the question, as to whether any provision of the new enactment is violative of any of the provisions of the Constitution warranting declaration as ultra vires. (c) Constitution of Pakistan (1973)--- ----Art. 75---Assent of President to a Bill---Procedure---Supreme Court, however, considered it desirable that concerned functionaries should examine the contents of the Bill in order to see, whether the proposed Act contained any provision which might be violative of any provision of the Constitution or which might tend to interfere with the independence of judiciary. ORDER AJMAL MIAN, C.J.---By this common order, we intend to dispose of the above two Constitution Petitions which were filed on 19-11-1997 under Article 184(3) of the Constitution of the Islamic Republic of Pakistan, 1973, hereinafter referred to as the Constitution. The petitioner in Constitution Petition No. 43 of 1997 claims that he is a citizen of Pakistan and is the President, Pakistan Solidarity Front, a political organization; whereas the petitioner in Constitution Petition No. 44 of 1997 also claims to be a citizen of Pakistan and is the Chairman of a political party, namely, Muslim Welfare Movement Pakistan. 2. It seems that in the Press on 18-11-1997 the contents of Contempt of Court (Amendment) Bill, 1997, which was passed by both the Houses and was sent to the President for his assent, appeared. The petitioners were aggrieved by the contents of the same as according to them, the same were violative of inter alia Article 25 of the Constitution. They, therefore, filed the aforementioned Constitution Petitions, in which they prayed for the following reliefs:-- CONSTITUTION PETITION NO 43 OF 1997 "It is, therefore, respectfully prayed…
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