| Citation(s) |
|---|
| 1998 SLG 1024 1998 SLD 1024 1998 PLD 1263 |
Supreme Court of Pakistan
Constitutional Petitions Nos.24 and 25 of 1997, decisiondated: 20-05-1998
AJMAL MIAN, C.J., SAIDUZZAMAN SIDDIQUI, IRSHAD HASAN KHAN, RAJA AFRASIAB KHAN, MAMOON KAZI, SH. RIAZ AHMAD AND CH. MUHAMMAD ARIF, JJ
Dr. A. Basit, Advocate Supreme Court alongwith Ejaz Muhammad Khan, Advocate-on-Record (in C.P.No. 24 of 1997).Syed Iftikahr Hussain Gilani, Advocate Supreme Court alongwith Mehr Khan Malik, Advocate-on-Record (in C.P.No. 25 of 1997).Syed Sharif-ud-Din
Constitutional Petitions Nos.24 and 25 of 1997, decisiondated: 20-05-1998
AJMAL MIAN, C.J., SAIDUZZAMAN SIDDIQUI, IRSHAD HASAN KHAN, RAJA AFRASIAB KHAN, MAMOON KAZI, SH. RIAZ AHMAD AND CH. MUHAMMAD ARIF, JJ
Dr. A. Basit, Advocate Supreme Court alongwith Ejaz Muhammad Khan, Advocate-on-Record (in C.P.No. 24 of 1997).Syed Iftikahr Hussain Gilani, Advocate Supreme Court alongwith Mehr Khan Malik, Advocate-on-Record (in C.P.No. 25 of 1997).Syed Sharif-ud-Din
WUKALA MAHAZ BARAI TAHAFAZ DASTOORand ANOTHERSvsFEDERATION OF PAKISTAN and others
Law:
Section:
(a) Constitution of Pakistan (1973)-------Arts. 63A, 66 & 19---Disqualification of member of a Parliamentary party on ground of defection etc. ---Provision of Art.63A, Constitution of Pakistan (1973) is intra vires but subject to clarifications rendered by Supreme Court. Article 63A of the Constitution is intra vires but subject to the following clarifications: (i) That paragraph (a) to be read in conjunction with paragraphs (b) and (c) to Explanation to clause (1) of Article 63A of the Constitution. It must, therefore, follow as a corollary that a member of a House can be disqualified for a breach of party discipline in terms of said paragraph (a) when the alleged breach relates to the matters covered by paragraphs (b) and (c) to the Explanation to clause (1) of Article 63A of the Constitution and that the breach complained of occurred within the House. (ii) That paragraph (a) to Explanation to clause (1) of Article 63A of the Constitution is to be construed in such a way that it should preserve the right of freedom of speech of a member in the House subject to reasonable restrictions as are envisaged in Article 66 read with Article 19 of the Constitution. Per Mmal Mian, C.J.; Saiduzzaman Siddigui, Ra,La Afrasiab Khan Sh_ Riaz Ahmad and Ch. Muhammad Arif, JJ. aareeinp- (b) Constitution of Pakistan (1973)--- ----Art. 63A---Defection---Legislative history relating to law of defection. Humayun Saifullah Khan v. Federation of Pakistan PLD 1990 SC 599; Khawaja Ahmad Tariq Rahim v. The Federation of Pakistan PLD 1992 SC 646 and Pir Sabir Shah Shad Muhammad Khan, Member Provincial Assembly PLD 1995 SC 66 ref, (c) Constitution of Pakistan (1973)--- ----Art. 184(3)---Constitutional petition before Supreme Court under Art. 184(3) of the Constitution of Pakistan---Balanced, consistent and indiscriminate policy with regard to entertaining the petitions under Art. 184(3) of the Constitution desired---Need for evolving such policy stressed---Individual grievance or grievance of a group of persons cannot be agitated under Art. 184(3) in the absence of a question of public importance affecting the public at large or a class of persons in large number unascertainable.…
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