Law:

Section:

Political Parties Act (III of 1962)-------Preamble---West Pakistan Arms Ordinance (XX of 1965), Preamble--Explosive Substances Act (VI of 1908), Preamble---Constitution of Pakistan (1973), Arts. 2A, 238, 239 &- 185(3)---Specific Relief Act (I of 1877), S.42--Amendment in Constitution---Procedure provided in Constitution---Suit for declaring Constitution of Pakistan, Political Parties Act, 1962, West Pakistan Arms Ordinance, 1965, Explosive Substances Act, 1908 and laws relating to interest null and void and repugnant to Qur'an and Sunnah with further prayer to declare all other laws which were in conflict with Qur'an and Sunnah null and void with prayer of permanent injunction directing the State to declare Holy Qur'an and Sunnah as Constitution of the country---Suit was dismissed by Trial Court as also by High Court---Validity---Supreme Court on basis of rule laid down in Hakim Khan's case (PLD 1992 SC 595) found itself unable to give any relief to petitioner in given circumstances---Proper course for petitioner was to approach National Assembly and such-like forums, where laws were made, particularly with regard to Constitution---Parliament as provided under Art. 239 of the Constitution has the power to change existing Constitutional provision--Courts being creation of Constitution were unable to annul same in proceedings before it---Judges of superior Courts having taken oaths of their offices to preserve, protect and defend the Constitution could not order its abrogation/annulment---Leave to appeal was refused in circumstances. Hakim Khan and others v. Government of Pakistan and others PLD 1992 SC 595 ref. ORDER RAJA AFRASIAB KHAN, J.--On 14-12-1995, the petitioner, Raja Muhammad Afzal, Advocate instituted a suit for declaration and permanent injunction against the Federation of Pakistan and 19 others in the Court of Senior Civil Judge, Chakwal with the following prayer:- The learned Civil Judge 1st Class, Chakwal vide his order dated 15th of January, 1996 dismissed the suit holding:- "The plaintiff has filed the present suit for declaring the Constitution of Pakistan, 1973, Political Parties Act, 1962, Arms and Explosives Act, 1965 and laws relating to…

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