| Citation(s) |
|---|
| 1999 SLG 643 1999 SLD 643 1999 PLD 57 |
Supreme Court of Pakistan
Constitutional Petitions Nos. 10, 11, 12, 16 and 17 of 1998,decision dated: 28-07-1998. Per Aimal Mian, C.J.;Saiduzzaman Siddigui Irshad Hasan Khan Raja Afrasiab Khan,Muhammad Bashir Jehangiri Nasir Aslam Zahid and MunawarAhmed Mirza JJ. agreeing
AJMAL MIAN C.J SAIDUZZAMAN SIDDIQUE IRSHAD HUSSAIN KHAN RAJA AFRASIAB KHAN MUHAMMAD BASHIR, JEHANGIRI,NASIR ASLAM ZAHID AND MUNAWAR AHAMED MIRZA, JJ
hehzad Jehangir, Senior Advocate Supreme Court (in C.P. No. 10 of 1998).Nemo (in C. P. No. 1 of 1998)M. Ikram Ch., Advocate Supreme Court (in C.P. No. 12 of 1998)Syed Shabbar Raza Rizvi, Advocate Supreme Court and M.A. Qureshi, Advocate-on-Record (i
Constitutional Petitions Nos. 10, 11, 12, 16 and 17 of 1998,decision dated: 28-07-1998. Per Aimal Mian, C.J.;Saiduzzaman Siddigui Irshad Hasan Khan Raja Afrasiab Khan,Muhammad Bashir Jehangiri Nasir Aslam Zahid and MunawarAhmed Mirza JJ. agreeing
AJMAL MIAN C.J SAIDUZZAMAN SIDDIQUE IRSHAD HUSSAIN KHAN RAJA AFRASIAB KHAN MUHAMMAD BASHIR, JEHANGIRI,NASIR ASLAM ZAHID AND MUNAWAR AHAMED MIRZA, JJ
hehzad Jehangir, Senior Advocate Supreme Court (in C.P. No. 10 of 1998).Nemo (in C. P. No. 1 of 1998)M. Ikram Ch., Advocate Supreme Court (in C.P. No. 12 of 1998)Syed Shabbar Raza Rizvi, Advocate Supreme Court and M.A. Qureshi, Advocate-on-Record (i
Sardar FAROOQ AHMAD KHAN LEGHARIand othersvsFEDERATION OF PAKISTAN and others
Law:
Section:
(a) Constitution of Pakistan (1973)-------Arts. 232(1), 233(1)(2) & 184(3)---Proclamation of Emergency by the President under Art.232(l), Constitution of Pakistan---Validity---Constitutional petition under Art.l84(3), Constitution of Pakistan (1973), before Supreme Court of Pakistan---Supreme Court ordered that the Constitutional petition would be decided during summer vacation as the matter needed urgent hearing for the reasons that emergency was imposed in the country and the enforcement of the Fundamental Rights was suspended. Muhammad Nawaz Sharif v. President of Pakistan PLD 1993 SC 473 ref. (b) Constitution of Pakistan (1973)--- ----Arts. 232(1), 233(1), (2), 15, 16, 17, 18, 19, 24, 10, 23, 25 & 184(3)--Proclamation of Emergency by the President under Art. 232(1), Constitution of Pakistan---Validity---Constitutional petition under Art. 184(3), Constitution of Pakistan before Supreme Court---Maintainability---Constitutional petition under Art. 184(3) of the Constitution being maintainable, material placed before the Court and what was shown to the Judges in the Chamber, prima facie, indicated that the President of Pakistan was justified in issuing the Proclamation under Art.232(1) of the Constitution---Supreme Court, however, found that in view of the effect of the Proclamation provided for in Art. 233(1) of the Constitution, which authorises the State to make any law or to take any executive action in deviation of Arts. 15, 16, 17, 18, 19 & 24 of the Constitution and also in view of language of Arts. 10, 23 & 25 of the Constitution (which are hedged with qualifications), an order under Art. 233(2) of the Constitution for suspending the enforcement of Fundamental Rights was not justified---Original order of the President dated 28-5-1998 and the order dated 13-7-1998 varying the earlier order were, thus, declared as without lawful authority and of no legal effect by the Supreme Court with observation that Supreme Court had jurisdiction to review/re-examine the continuation of emergency at any subsequent stage, if the circumstances so warranted. (c) Constitution of Pakistan (1973)--- ----Arts. 236(2), 232 & 234---Validity of…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492